The Nation Newspaper

Tag: Nigerian news

  • Banditry: Katsina tackles a difficult enemy

    When bandits seized Katsina State, Governor Aminu Masari’s plans pegged them back. Recent attacks, however, show the criminals are quite resilient. OGOCHUKWU IKEJE writes, with reports from AUGUSTINE OKEZIE

    The attack August 26 on Wurma, a community in Kurfi Local Government Area of State, indicates that bandits are not gentlemen, and are hardly swayed by verbal appeals or other overtures by government. In that assault, various media organs reported that armed men numbering about 100 invaded Wurma at night and went from door to door robbing residents of cash and any item of interest before abducting 49 people. That figure was provided by the district head of the community, Mustapha Muhammad, who told journalists that 12 of the 49 abductees were freed in the morning.

    The police in the state gave a different account of the attack. Fifteen women were abducted, 10 of them rescued, they said.

    The Wurma attack rubbished the proactive plans of the state governor Aminu Masari, as well as the robust tactics of the Northwest state governors to curb the menace of banditry and cattle rustling in the region. On August 1 Masari announced an amnesty by the Northwest governors for kidnappers, cattle thieves and the like if only they would lay down their arms and be of good behaviour.

    Neighbouring states of Kaduna and Zamfara are also on the boil.

    The Wurma abductors made themselves very clear: they would not give up their criminality easily.

    Before the attack, Governor Masari had reason to believe things were pretty much under control. Following our reporter’s tour of eight most hit local government areas in the state, there were indications that the attacks were on the decline and that normalcy was returning to besieged communities.

    Sixty-year-old Hamisu Batsari, a farmer and resident of a village in Batsari Local Government Area of the state, said attacks by bandits and kidnappers were thinning out.

    Hamisu, who lost four of his relations to banditry attacks, near a military checkpoint in Batsari town several months ago, told The Nation: “Alhamdulahi, our place is quiet now, we are farming as usual, we thank the governor and the security agencies for their efforts in curtailing the attacks, I’m also happy with what the local vigilante are doing as well.”

    It was at Batsari that banditry attacks assumed a more dangerous dimension with the killing of innocent farmers on their farmlands, in addition to raping of women and the displacement of several families as IDPs, It is no longer news that about 34 farmers were killed some of whose bodies were publicly buried after having been displayed at both the Emir’s palace and the government house

    Tasiu Mohammed, a 52-year-old civil servant in Jibia Local Government Area, also said the area is safe now and that activities have picked up including farming and trading

    Investigation revealed that several factors might have contributed to the upsurge in banditry attacks and kidnapping in the state, among them poverty, illiteracy, clashes between farmers and herdsmen and complicity by security operatives amongst others.

    Most of the apprehended bandits often complain that poverty contributed mostly in driving them into crime.

    Also, most banditry attacks particularly those in the villages are mainly reprisal attacks involving inter-herdsmen rivalry which often affects farmers.

    Masari said attacks were isolated. Speaking exclusively to The Nation, Masari said, “Our dear state has been witnessing a steady decline in banditry and kidnapping attacks especially in the last few months and there is a steady return to farming and normal activities in most parts of the state. We shall maintain the momentum.”

    Several questions have been asked as to what led to the decline in the spate of banditry attacks and other related crimes in the state. The turnaround could be traced to the pragmatic approach by Governor Masari.

    The Northwest governors also gave generous cash support to security operatives.

    Masari said, “Apart from the logistics, we are giving monthly allowances to army, police NSCDC, vigilante groups, running to almost N100 million every month. We also bought over 50 operational motorcycles for security personnel to chase criminals. The bandits do launch attacks on villages through motorcycles, because most of the roads are not motorable and one can only access them by motorcycle. That was why we bought the motorcycles for security operatives to enhance their patrol. The security personnel are willing to respond to all the distress call but sometimes they get difficulties in reaching the villages because the roads are not motor able.”

    Another bold step taken by the governor to rid the state of the heinous crimes is the signing into law an amended Penal Code law prescribing death sentence for kidnapping and cattle rustling in the state.

    With the law in place, rapists were also sentenced to life imprisonment in addition to fine and compensation to the victims. While signing the law, he affirmed that the law was amended particularly in areas to do with kidnapping, cattle rustling, rape and other related offences.

    Governor Masari told The Nation: “There is a great improvement in security situation in the state, the state Government have encouraged the security operatives seriously including our vigilante group and the result is what we are witnessing today, Katsina is peaceful now and the IDPs have returned to their homes.  We have lots of improvement in all areas including farming, agriculture and commercial activities. If things go like this, everything will be normal. You can visit the villages to see things for yourself.”

    It would please the governor if Wurma attackers and others behaved themselves and gave peace a chance.

  • UN partners Benue on IDPs

    The United Nations has reached an agreement with the Benue State government and key stakeholders on the best way to bring succour to Internally Displaced Persons (IDPs) as a result of the herdsmen-farmers crisis in the state.

    This resolution was reached on Monday, August 19, 2019, after a meeting of the development partners and the stakeholders at the Old Banquet Hall, Benue State People’s House, Makurdi, the state capital.

    At the conclusion of the meeting, it was agreed that partners will provide support to IDPs to undertake crop farming with the provision of seeds and inputs by the UN and alternative housing arrangement by the UN.

    The UN was assured that the Government  of the State in consultation with the relevant Local Government Councils and Key Stakeholders have been made land  available for planting and building in five local governments.

    Dr Magdalyne Dura, Special Adviser to the Governor on Development Cooperation, SDGs and NEPAD revealed that the Local Government Areas include Agatu,  Buruku, Guma, Logo and Kwande.

    Meanwhile, the traditional ruler of Kwande Local Government Area Tor Kwande, Chief Ambrose Iyortyer, agreed for the project funded by the United Nations Human Security Trust Fund, to proceed with the implementation and that land will be assigned to support project initiatives.The  Kwande chief and his Makurdi and Guma Local Government Area counterpart Tor Lobi  Chief Moses Anangeende, appealed to the United Nations partners to continue intense talks with the Federal Government of Nigeria to ensure that the crisis comes to an end and that IDPs finally return to their ancestral homes.

    The traditional leaders of the participating Local Government Areas appreciated the Governor of Benue State and development partners for their palliative measures but reiterated that a long lasting solution to the Fulani herdsmen attacks must be pursued.

  • NPA clears air on disengaged workers’ entitlement

    The Assistant General Manager (AGM), Corporate and Strategic Communications, Nigerian Ports Authority (NPA), Ibrahim Nasiru, at the weekend, debunked claims by some retirees of the authority over the non-payment of their severance packages.

    Nasiru explained that the May 2008 rationalisation was  based on the Public Service Reform guidelines.

    He recalled that the NPA began the policy implementation on July 1, 2008.

    In a statement, Nasiru explained that those affected by the exercise were not entitled to monetisation and enhanced staff allowances.

    He further said the arrears paid to the affected workers were an error.

    “Agitation from the two house unions for payment of arrears on monetisation based on the January approval date, resulted in the agreement to pay arrears of three months to employees from April to June, 2008, hence the two months’ arrears which was paid to them after their exit,” he said.

    Nasiru listed the entitlement paid to the workers to include: three months’ salary in lieu based on their salaries at the time of disengagement; gratuity, calculated in line with their salary at the date of exi; 10 percent pension and gratuity as provided for in the Pension Act (Decree 102 of 1979).

    Other benefits, he added, were pension contribution remittance to their RSA; accrued pension right remitted to their PFA/RSA. The approved template by the Bureau of Public Service Reform and Federal Ministry of Transport was used for  payment.

    The statement also said to address the matter, a 200 percent of one-year total emolument amounting to N770,386,586.22 was approved to be paid to the 530 people affected by the exercise.

    On October 11, 2013, a joint Communique was reached on the final payment to the 2008 disengaged employees. It was resolved that the issues raised about pension, gratuity and repatriation had been addressed and final figures for payment to the 2008 disengaged employees as agreed to  N753,731,001.24 for the final list of 517 people.

    Nasiru explained that this constitutes the final payment to the disengaged employees.

    Besides, he said a letter of indemnity was signed by the disengaged workers before they were paid.

    “This arrangement was effected in December 2013. There was no distortion of the content of the Joint Communique as alleged, the signing was done openly and transparently. Some of the executives of the group were signatories.

    ‘’It should also be noted that the Pension Reforms Act of 2004 which became fully effective fro July 3, 2007 affected those who left service thereafter. The enrolled with different Pension Fund Administrators where their accrued/contributory pension deductions had been paid and accessed by them. They exited in May 2008, four years after the implementation of the new pension Act, 2004 and one year after the expiration of three years grace period given to those who had three years and below to retirement on the old scheme,” Nasiru explained.

  • Yahoo-Yahoo boys

    The decision of the Economic and Financial Crimes Commission (EFCC) to open a rehabilitation window, in dealing with youths involved in cyber-crimes, would touch a chord in many, just as it triggers alarm in others.

    Rehabilitation or prosecution (and eventual jail, if guilt is returned), the point must be made: cyber-crime is abhorrent; and every decent society must frown at it; and reserve its right to mete out stiff punishment to offenders.

    If rehabilitation does not vitiate that stern message, then the EFCC’s new agenda would be welcome. But rehabilitation must not be interpreted, nonetheless by the Yahoo-Yahoo boys themselves, as though the state is getting soft on that aspect of crime. Should that interpretation come, the society is sunk.

    That is why the EFCC, in implementing this new approach, must strike the right balances to ensure this reform, of the approach to law, does not turn a deform of the society’s moral fibre.

    Still, the two principles propelling this new approach is both welcoming and alarming.

    From the EFCC’s explanation, exploring rehabilitation, over prosecution and jail, is recourse to that good, old adage: prevention is better than cure. You could even throw in another concept: that of hating the crime but loving the criminal.

    Loving the criminal but hating his crime entails that the person involved is only human; and that if he can do crime — and time — he can also, with the right approaches, be weaned of crime.  That means though crime is to be condemned and punished, a criminal who has served his term need not remain a criminal forever. Everyone, after all, deserves a second chance.

    This thinking is behind the relatively new approach of regarding prison less as punishment, more as correction. Incidentally, the EFCC new thinking is coinciding with the Nigerian Prison Service changing its name to Nigerian Correctional Services. We hope both are not happenstance; and are fired by the common philosophy that the Nigerian state won’t give up on even criminals, until they are reformed.

    But even better than reform after crime, “prevention is better than cure” averts crime ab initio, by ensuring proper and decent behaviour. That is why the EFCC proposal to go

    work closely with universities and other tertiary institutions, to ensure less and less undergraduates travel that criminal route, is welcome.

    The question though is if prevention, at that stage, is not already too late, since these youths would appear to have imbibed the bad habit; and also developed friends and peers that reinforce the bad habit, of wealth without sweat.

    Inasmuch as the EFCC should not be discouraged from its new approach, it will perhaps achieve more if it does a more basic family enlightenment drive, maybe in concert with the rather comatose National Orientation Agency (NOA). That way, it targets the home and the virtual cradle.

    That brings the matter to the alarming aspect of EFCC’s revelation — its claim that most of the cybercrime suspects it has arrested (and been arresting) are undergraduates. That really must trigger some alarm — except if that statement was a careless hyperbole, to underscore the unacceptable high number of undergraduates involved in cybercrimes!

    Undergraduates as leading cyber criminals — how did we get to that terrible pass? By its Nigerian evolution, universities were not only beacons of hope (for the socially humble to climb up the social ladder, by a dint of intellect and scholarship), it was also a peer leveller, as youths from every background: rich or poor, high or low; products of expensive private schools or those from cheap public schools, find themselves as peers studying under a common atmosphere.

    In such a setting, crime would be an anathema, as everyone is focused on a brighter future, dependent on how they push their young minds, during their university days. What then has changed? Is the situation now then so hopeless that even undergraduates now see a better future in cybercrime, and not the sweat of their brow?

    That is the grim question that came from EFCC’s communication. The governments, federal and state, would do well to pay especial attention to this new plague.

    That pushes the argument back to the very beginning: rehabilitation, in lieu of jail, is a wonderful idea; but only if it doesn’t give the wrong impression of justification or abdication.

  • Is the legal profession ready for the future?

    The legal profession is changing. Multidisciplinary firms are rendering services once the exclusive preserve of law firms. Artificial intelligence and automation are making inroads into legal work. Lawyers are waking up to the importance of specialisation, professionalism and standardisation. The Nigerian Bar Association (NBA) is charting the path for the profession, hence, the theme of its 59th Annual General Conference (AGC), “Facing the Future.” Legal Editor JOHN AUSTIN UNACHUKWU, ADEBISI ONANUGA and ROBERT EGBE report.

    The practice of law is no longer what it used to be. 

    A 2018 study in the United States of America (US) pitted 20 well-respected corporate lawyers against an Artificial intelligence (AI) in an error-spotting test. Responses were measured by time and accuracy.

    The human  right lawyers achieved an average accuracy of 85 percent, in an average time of 92 minutes. The AIs achieved a success rate of 92 percent in just 26 seconds!

    Also, global consulting firms such as PriceWaterHouseCoopers (PwC) and others now regularly provide legal services.

    “PwC’s Legal Services are committed to serving the best interests of our clients. Through efficient and precise management of our clients’ needs, we are able to provide practical legal solutions and advice,” it states on its website.

    These are just two examples of the reality lawyers in Nigeria are facing or will face soon enough. How should the legal profession, shepherded by the Nigerian Bar Association (NBA), respond?

    59th Annual General Conference (AGC)

    Members of the legal profession, government officials and other stakeholders in the judicial sector converged on Lagos last week for the NBA’s 59th Annual General Conference (AGC) to address these and other issues.

    The conference held from Friday, August 23 to 29, at the Eko Hotel and Suites/Harbour Point, Victoria Island, Lagos.

    Described as the largest gathering of lawyers in the world, it recorded an attendance of over 12,000 lawyers, including President Muhammadu Buhari, who was represented by the Attorney-General of the Federation and Minister of Justice, Abubakar Malami(SAN); the Chief Justice of Nigeria (CJN), Justice  Ibrahim Tanko Muhammad and President, International Bar Association (IBA), Horacio Bernardes Neto.

    Lagos State Governor Babajide Sanwo-Olu, represented by his Deputy, Dr. Femi Hamzat, and Abia State Governor Okezie Ikpeazu, represented by his Commissioner for Justice and Attorney-General, Mr Uche Ihediwa, many heads of federal and state agencies, captains of industry and leaders of the Bar and Bench also graced the occassion.

    The conference featured 42 sessions, 209 Nigerian and foreign speakers from the legal and business communities, academia, legislature and public sector.

    Legal Profession Regulation Bill

    One way the profession is responding to the challenges and opportunities of the future is to seek the enactment of the Legal Profession Regulation Bill.

    According to Professor Fabian Ajogwu, SAN, the bill, if enacted, would give the legal profession the ‘fresh start’ and renewal of standards it deserves.

    He said the bill will equip lawyers to handle diverse and competing roles required of a 21st Century lawyer in light of global occurrences and technological advancements while still maintaining the foundational principles of our noble profession.

    He spoke as a panelist on: Future of the legal profession and the regulation of Legal Practitioners.

    Ajogwu said: “There are growing concerns about falling standards in the legal profession, the quality of legal education, deteriorating standards of professional ethics and weak regulatory regimes for the legal profession as well as the threats that technology and globalisation have brought for legal practitioners.”

    According to the Don, “the root of these concerns has been traced to failures in the regulation of our profession.

    “As legal practitioners in this age, we belong to a time of fluidity, where traditional walls are collapsing and the world is being shaped as a global village. There exists free trade agreements and commerce on a large scale.

    “Technology has also continued to develop with the advent of disruptions such as block chain technology and its use cases that include the provision of some legal services traditionally performed by lawyers (e.g. Regtech applications and smart and Ricardian contracts). Legal practitioners are now required to play ‘catch up’ with these advancements.”

    He noted that lawyers of the future will be constituted of two tiers – “not the solicitors & advocates of today, but the legal specialists & legal information engineers of the information society.

    “Legal practice and the administration of justice will no longer be dominated by print & paper in tomorrow’s legal paradigm. Instead, legal systems of the information society will evolve rapidly under the powerful influence of ICT.”

    ‘Change will require significant commitment’

    Another panellist, Chief Anthony Idigbe, SAN, who spoke on NBA Legal Profession Regulation Review Committee (NBA LPRRC), said changes would require significant political commitment, partly to meet the expected criticism from some lawyers because reform will need primary legislation, which requires scarce Parliamentary time.

    He said findings on the NBA LPRRC revealed that there is no clear regulatory objective and the regulation of the profession is fragmented.

    According to him, “the HAGF, Body of Benchers, Bar Council, Legal Practitioners Disciplinary Committee, the Supreme Court, the Chief Justice of Nigeria, Legal Practitioners Privileges Committee, Council of Legal Education, Nigeria Law School and the Nigeria Bar Association have no central organisation and bodies are not subject to any central control.

    “There are no licensing and supervision of practitioners and law firms, no practice licence, no inspection, no insurance, no mandatory continuing professional development, no annual report and the current NBA CPD programme has no statutory backing,’’ he said. This, he contended, must change.

    He further noted that, the Legal Profession Regulation Bill will introduce licensing of law firms.

    Idigbe added: “The bill seeks to introduce the system of pupilage in order to enhance the development of legal ethics and professionalism in young lawyers as well as seeking to make provision for licensing and accreditation of legal service providers such as para-legal.”

    Cross-border legal services

    Demand for cross-border legal services are bound to rise, especially as a consequence of the African Continental Free Trade Agreement (AfCFTA) which Nigerian State has signed (but is yet to domesticate.

    How can Nigerian lawyers take advantage of this?

    Solicitor General of the Federation Dayo Apata tasked the NBA to set up a committee to look into this. He stated this at the plenary session on “Cross- Border Trade in Legal Services: Current Reality and Future Possibilities”. The session was chaired by a former NBAPpresident, Mr Augustine Alegeh, SAN.

    Apata, who was represented by Mr. C.A Elechukwu, observed that a new legal regime was emerging as new technology emerge, and lawyers must be able to key into this to facilitate cross-border practice.

    He said: “Trade in services between states and citizens across borders is not uncommon. However, with the introduction of digital trade, it has changed the nature and operation of trade in services by reducing the relevance of traditional at-the-border barriers to trade like tariffs and licences.”

    He charged the NBA to set up a committee to find a way of reviewing the Legal Practitioners Act to better position lawyers to take advantage of opportunities.

    Apata said: “In view of this, there is need for regulatory mechanisms and domestic policy regulating trade in digital legal services in Nigeria. We shall see later if the signing of the African Continental Free Trade Agreement by Nigeria will help the quest.

    “Currently, the Legal Practitioners Act is the chief legislation that provides the requirement for licensing a person whether foreign or not as a barrister and solicitor of the Supreme Court of Nigeria. It provides that such a person must be called to the bar to be able to practice as a barrister and solicitor in Nigeria.

    “The only exception to that is provided by Section 2 (2) of the Legal Practitioner’s Act (LPA), which empowers the Chief Judge of Nigeria to grant a person warrant for purposes of specified proceedings and appeal brought under such proceedings.”

    He said there was a need to constantly sensitise lawyers to the inevitability of the globalisation of the legal service and encourage them to adopt a positive attitude and take benefit of the trend.

    Apata added: “The rules of professional conduct should be streamlined to encourage cross- border collaboration among firms. There is an urgent need to foster cross border liberation in creating free market, immediate domestication of the AfCFTA by the National Assembly and the NBA to propagate collaboration between itself and other regional bar associations in order to create a global regulatory framework.”

    Incursion of multi-disciplinary (MD) firms

    In his paper “Incursion of multi-disciplinary (MDP) firms: Any regulation?”, Attorney-General and Commissioner for Justice, Sokoto State, Mr Sulaiman Usman, SAN, examined the need for law firms regulation.

    He considered the incursion of multidisciplinary firms, multidisciplinary practice and multidisciplinary partnership in the practise of law and provision of legal service.

    Usman said there is “a need to regulate and govern their activities and put them in check so as not to disrupt the extant legal practice architecture in order to guarantee the future of legal practice in Nigeria.”

    He identified multi-disciplinary firms as ones that “combine practise of law with non-legal services as one-spot service, thereby saving time and money.

    “In multi-disciplinary law firms, there is joint practice between lawyers and other professionals to offer professional service including legal services.”

    The Silk noted that at the global level, there are five major accounting firms which have all “expanded their professional practice from Accounting, Tax, Consultancy, Risk, Audi, Financial Advisory into provision of legal services except legal representation in court.”

    According to him, MDP is becoming a front burner issue in professional legal practice.

    “It demands the expansion or extension of legal services to include accountancy, estate valuation, facility management et cetera….

    “Despite its incursions into professional practice, multidisciplinary practice is not being embraced in many jurisdictions including Nigeria because it poses a threat to lawyer client privilege, constitute a hindrance to age-long concept of conflict of interest and erosion of professional independent judgement that lawyers currently enjoy in the practice of law.”

    The Sokoto AG advised the NBA to bear in mind that “while the legal profession sleeps in Nigeria by closing the door against multidisciplinary firms and multidisciplinary practice, other professionals are rendering legal service and hiring young lawyers to support them in providing legal services and unauthorised practice of law in contracts documentation, incorporation of companies, legal drafting and conveyancing, mergers and acquisitions and even litigation.

    “This is evident from the presence of some of the big five global accounting firms in Nigeria’’.

    He advised the Nigerian Bar to “rise to the challenge pose by the incursion of multidisciplinary practice and multidisciplinary firms and create the enabling environment for lawyers to compete favourably with them.

    “It has been overserved that multidisciplinary partnerships (MDPs) between law and other types of firms may become major players in the market for worldwide capital growth and development.”

    Investment in legal education

    Former Chairman’ Section on Business Law of the Nigerian Bar Association, Mr. George Etomi called on African countries to invest in legal education to improve the capability and expertise of local legal practitioners

    He said this will instill confidence in the legal sector and also equip lawyers with the requisite expertise to compete in the liberalised legal services market which is already happening, albeit unregulated.

    Etomi said investing in legal education in Africa will liberalise legal services.

    According to him, the aspirations of the African Union are similar to that of the European Union.

    “The European Union was established in 1993 and has achieved political and social- economic integration and harmonisation across the member states. Member-states have been able to harmonise their qualifications requirements for EU lawyers, immigration policies and energy policies.

    “It will not be out of place to draw lessons from the EU. The directive set model Uniform Rules pertaining to lawyers wishing outside their home jurisdictions on a scale that covers the entire continent. For Africa, these rules must encompass qualification and practice requirements such as the global standardisation of qualifiying certificates and discipline measures to be meted out to erring practitioners operating outside their own jurisdiction,” he said.

    Etomi called for efforts to implement “a unified curriculum on business law at university level as foundation to encourage cross-border legal practice.”

    Also, Mrs Kofo Dosekun, who examined the opportunities in cross border trade legal services, noted that it will increase the convergence between law and technology opportunities for lawyers to develop expertise knowledge in emerging technologies.

    “We also have an opportunity to ramp up on the introduction of technology into courtrooms, witness delivering testimony via video, lawyers presenting cases on built-in monitors, using cameras and other technology to review evidence and e-filling systems.”

    Bullying and sexual harassment

    For the profession to boost equal opportunities, it must respect gender and boundaries.

    In this light, a Senior Advocate of Nigeria (SAN), Mia Essien, decried sexual harassment of female lawyers by their senior colleagues. She urged that the Rules of Professional Conduct (RPC) should condemn sexual assault and bullying.

    Mrs Essien, who was the chairman of the NBA Section on Legal Practice (NBA-LP), made the call at the Showcase Session with the topic: “Bullying and Sexual Harassment in the Legal Community”.

    She noted that instances abound where senior lawyers would travel with junior female colleagues and make no hotel reservations for them. She said as a result, such females lawyers are left with no alternative but to sleep in the rooms of their principals, “who deliberately did so to sexually exploit them”.

    The senior lawyer noted that while the RPC talks about ethical conduct for legal practitioners, it says silent on sexual harassment or bullying of lawyers by lawyers.

    “I urge the NBA to ensure an amendment of the RPC to reflect these issues,” she said.

    Mrs Essien observed that lawyers were expected to know that sexual harassment and bullying were condemnable and thus, should conduct themselves in the most ethical manner.

    The senior advocate said that there was a difference between bullying and correction of a junior colleague, which she described as a key element of legal practice.

    “It is important to be courteous as a lawyer; courtesy demands that you offer your seat to a senior colleague who is standing up in court, and also to speak with respect to seniors.

    Another panelist in the session, Ogaga Emoghwaren, described sexual harassment as an unsolicited, unwelcomed, and unexpected sexual advance to elicit unwanted sexual relationship.

    He defined bullying as the act of intimidating a weaker person to make him to do something against his will.

    Mr Ogaga said that although sexual harassment of lawyers by their seniors in courtrooms was not common, there existed sexual harassment in law firms.

    “I encountered a situation where a young female lawyer ran out of her principal’s office crying; when I interrogated her, she described her principal as a beast who just raped her,” he said.

    According to Mr Ogaga, the unwillingness of victims to open up, made sexual harassment and abuse to be increasing.

    He noted the young female lawyer who was allegedly raped, refused to formally complain for fear of sack.

    Mr Ogaga also blamed the situation on poor enforcement of laws against sexual abuse.

    “Although there is a law criminalising the offence of rape; more proactive measures must be put in place to tackle the menace,” he said.

    Another panelist in the session, Awulika Osuigwe, said sexual molestation in workplaces had been going on unnoticed due to poor reportage. She advised females lawyers to report acts such as slapping of their buttocks by their male counterparts.

    Chief Assam Assam, SAN, also a panelist in the session, said bullying also thrived in courtrooms and among judges.

    “I encountered a scenario where two members of the Bench sitting on appeal, engaged in a face-off and rained abuses on each other before a full courtroom,” he said.

    NBA President Paul Usoro gave the assurance that, in the next year, his administration would take steps to adequately address the issues. He advised lawyers complain about sexual harassment for measures to be taken.

    Rule of law

    Aside Buhari who, through AGF Malami, vowed not to protect any “sacred cows”, perhaps the most respected guest at the conference was Neto.

    Neto, from Sao Paulo, Brazil, was on his first visit to the country.

    In a session chaired bya  former President of NBA Dr Olisa Agbakoba SAN, he urged the NBA to protect and promote the rule of law, stressing that it should not be traded for anything.

    He stated this during the plenary of Rule of Law Symposium.

    Neto warned that there was a great threat to rule of law globally. He suggested that many citizens and some lawyers may not fully understand what rule and law meant, hence, the need for it to be taken more seriously.

    “Rule of law should not be taken for granted; it should not be traded for anything. It has to be pure because anything short of that is not it. Rule of law entails freedom of speech, free press, liberty of speech, independence of the judiciary and legal secrecy, among others,” he said.

    Explaining the future of legal services, he said there was the need for lawyers to live in accordance with the dictates of the rule of law, as a commitment to promoting and safeguarding it.

    Abuse of prosecutorial powers

    In the same session, Stephen Cragg (QC), of the Bar Human Rights Committee of England and Wales, dwelled on abuse of prosecutorial powers as an example of infringement on the rule of law that lawyers should not engage in, if the profession must advance.

    He observed that prosecutors play a crucial role in the administration of justice, adding that rules of performance and their important responsibilities should promote respect for and compliance with the right to fair trial.

    Cragg said: “States shall ensure that prosecutors perform their professional functions without intimidation, hindrance, harassment, improper interference or unjustified exposure to civil, penal or other liabilities.

    “The office of prosecutors shall contribute to fair and equitable criminal justice and the effective protection of citizens against crime. Prosecutors are to be strictly separated from judicial functions, perform their duties fairly, consistently and expeditiously.”

    Code of Conduct Tribunal (CCT): A clash of Judicial and Executive Powers

    One of the most exciting sessions at the panel was that chaired by Senator Ike Ekweremadu, focused on where the Code of Conduct Tribunal (CCT) derives its powers.

    While some of the panellists argued that the tribunal is under the Executive Arm, others said it should be responsible to National Judicial Commission (NJC).

    Andem-Rabana: For instance, Attorney-General of Cross River State Mrs Nella Andem-Rabana (SAN) noted that the CCT is not composed of lawyers but has powers to try public officers. She observed that by the Constitution the CCT should defer to NJC.

    Andem-Rabana said it has been spelt out in the Constitution that if a judge errs, the NJC is the first port of call and the NJC is the only body that can recommend the removal of a judge.

    “We as lawyers owe it a duty to protect rule of law and independence of judiciary.” According to her, this is only way to ensure judicial officers are not exposed to threats.

    Jacobs (SAN): Senior Economic and Financial Crimes (EFCC) Prosecutor Rotimi Jacobs (SAN) argued that the CCT was a special institution which function is to see that public officers conform to high standards of public morality.

    According to Jacobs, while the CCT was established in 1979, the Code of Conduct Bureau (CCB) and CCT were enacted in 1989 under the 1999 Constitution. He observed that when the law establishing the CCB and CCT were being made, the law stated that “once a public officer has admitted guilt, he would not be prosecuted”.

    Jacobs noted that the CCT is not part of the Executive under the 1999 Constitution but it still depends on the Executive for funds.

    “More needs to be done to make the Tribunal independent,” he said.

    According to him, the tribunal is only being treated as an executive body because of provisions of Section 153 of the Constitution, “but it is not.”

    The Silk stressed the need to review the CCT Act to make it more potent to fight corruption.

    Adegboruwa: Ebun-Olu Adegboruwa (SAN) observed that the law setting up the CCT did not prescribe any mode for its funding. To him, the source of funding would determine whether it should be independent.

    He suggested that there are two laws that claim to establish CCT, the 1991 Act and 1999 Constitution.

    According to him, if a judicial officer commits and infraction, he should first be made to face the NJC before the court.

    Adegboruwa contended that there is danger in equating the decision of the CCT with that of a superior court, adding that the Constitution should be amended to ensure that only judicial officers are members of the CCT.

    He advised the NBA to set up a committee to look at infractions in the CCT Act and the 1999 Constitution and make recommendations that the CCT be composed of judicial officers and report to the NJC.

    Ozekhome (SAN): Chief Mike Ozekhome (SAN) was categorical that the CCT “is not an appendage of the executive.”

    The constitutional lawyer said the CCT Chairman is not a judge. According to him, the CCT chairman told the NJC so when it queried him on the decision it took on Onnoghen.

    He, however, said the CCT, set up in 1991 to deal with corruption matters has enormous powers and that it can remove or ban a public officer.

    “CCT has powers to punish people without being subjected to internal discipline by any order,” Ozekhome added.

    Nevertheless, he suggested that the CCT is not a superior court of law but an inferior one.

    Olanipekun: Chief Wole Olanipekun SAN contended, among others, that no matter how strong a tribunal might be, it should not be vested with powers of criminal prosecution, “otherwise, we as lawyers would be in trouble”.

    NBA asks Supreme Court for declarative clarification on status of CCT

    Responding to the discourse about the status of the CCT, the NBA tasked the Supreme Court to make an unambiguous determination on its status with a view to clarifying whether it is an organ of the executive or a quasi-judicial tribunal capable of being vested with criminal jurisdiction.

    The request followed the controversy which still raging over the removal of the former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen (rtd.)

    The NBA noted that the status of the CCT has remained a gray area in Nigerian jurisprudence which has given rise to great contention.

  • U.S. fraud

    The report that the United States of America-based Federal Bureau of Intelligence (FBI) has indicted 77 Nigerians, who allegedly participated in a massive conspiracy to steal millions of dollars from victims in that country is shocking. According to the report, a 252-count U.S. grand jury unsealed by one Mr. Hanna, charged the 77 Nigerians with participating in the condemnable act. The FBI has already arrested 14 suspects within the US, and is making efforts to arrest the rest.

    We join the Federal Government of Nigeria to condemn the actions of the few individuals who are giving our nation a bad name. It is however encouraging that the Economic and Financial Crimes Commission (EFCC) has promised to join forces with FBI to deal with the menace. The Acting Chairman of the EFCC, Ibrahim Magu, promised that the commission will “cooperate with other stakeholders and other law enforcement agencies in this country and outside the country, like the FBI and the NCA and other law enforcement agencies in the neighbouring countries to make sure we deal with this issue.”

    The Nigerian Embassy in the United States has also rightly condemned the act, and made it clear that majority of Nigerians are law abiding citizens. In the words of the Senior Counsellor/Head of Chancery, Mr Mohammed Suleiman, on behalf of Ambassador Sylvanus Nsofor, Nigerian government is willing “to cooperate with the government of the U.S. in accordance with the laid-down universal human rights and due legal processes in the interest of our nation.” He went on: “the Embassy wishes to reaffirm that Nigerians are a generally law-abiding and hardworking people wherever they are, including in the U.S.”

    It is important that the United States and her officials do not use the misconduct of the few Nigerians to tar the majority of honest, hard working Nigerians. Clearly, by agreeing to cooperate with the US government, Nigeria has shown that it is a responsible world citizen, and we enjoin reciprocity from the other countries. For instance, the US and other countries should help Nigeria, and indeed African nations to stem corruption in their countries.

    This they can do by ensuring the reparation of stolen wealth, stashed in their domestic banks. It is important to note that when these foreign countries frustrate immediate and complete reparation of stolen wealth in their local bank vaults, they give the impression that they condone crime or even encourage it. It is also important to note that many of the economic challenges bedevilling Nigeria stem from the criminal expropriation of local resources by citizens, in connivance with foreign nationals and institutions.

    So, while praising the Federal Government and its agencies for their quick reaction to the indictment in the United States, of our nationals, we urge them to also demand for reciprocal action with respect to the millions of dollars stolen from Nigeria that are stashed in the banks of foreign countries. One of the causes of high youth unemployment and criminality in our country is the connivance of foreign nationals with our local criminals to steal and stash abroad our scarce local resources.

    Of note, while we support Nigeria’s offer to cooperate with FBI, it must be remembered that all those indicted remain suspects until they are found guilty by a court of competent jurisdiction. By implication, while not supporting the criminal indictment of her citizens, the country owes them consular services even where they are found guilty. Their rights as citizens must be defended, even while supporting that those found guilty of criminal activities be made to face the consequences of their action.

    After all, reciprocity is important in international relations.

  • Again, OOPL and donations

    Former Vice President, Atiku Abubakar, might be a Muslim.  But by his sour-sweet relationship with former President Olusegun Obasanjo, Atiku appears to hold to heart the Christ-like admonition of turning the other cheek.

    In My Watch, Obasanjo pummelled Atiku as an alleged scoundrel that gained public office for strictly private gain.

    In his holy putdown, dripping with holy gall and pious contempt, Obasanjo hit at Atiku’s parentage and upbringing; alleging unbridled venality and charging his former deputy with irredeemable faith in marabouts.

    What did Atiku do?  He held his peace; and never sued for character defamation, even as that book enjoyed a media rave, conventional and social.

    On the contrary, he would much later sue for peace — didn’t the Bible say blessed are the peace makers?   By election time 2019, by Atiku’s own admission, he caused an in-law to donate $140, 000 (N50 million) to the Olusegun Obasanjo Presidential Library (OOPL)!

    Talk of not only turning the other cheek but also blessing your traducer-in-chief!

    That that story just broke, via an Economic and Financial Crimes Commission (EFCC) probe, suggests some hush-hush.  Yet donations, public or private, are hardly crimes — and so the Atiku camp has rightly held.

    Still, public good for private gain, for which Obasanjo hideously tanned Atiku in My Watch, appears to propel the Olusegun Obasanjo Presidential Library (OOPL), the Obasanjo post-power shrine.

    Indeed, OOPL’s humongous appetite for donations bespeaks another famous Biblical lore: the hand of Esau but voice of Jacob, corralling the blessings of Isaac!

    As it was in the beginning, goes another biblical parallel, it is now and so, it appears with OOPL, it ever shall be!  That’s is the latest vibe from the OOPL front!

    In the beginning was the man; and the man was president; and the president dreamed up a library: to showcase his exploits, years after all the power and all the glory!

    So the president, doubling as Oil minister, invited the cream of oil-powered Nigeria, to donate to a library launch, which target was N7 billion.

    Yusuf Olaniyonu, reporting for This Day, gave an update on the event, in this 16 May 2005 report: “Donations into the Olusegun Obasanjo Presidential Library (OOPL) project, which was launched in Abeokuta at the weekend, may have reached N6 billion.  This leaves a shortfall of about N1 billion for the project.”

    The Olaniyonu report came with a rider: “Oil majors donate $20 million”.

    Sure, presidential libraries, an American innovation in tangible public service history, are an excellent idea.  They are monuments by which later generations feel the pulse of a particular president on his era — and his impacts on subsequent ages.

    But even by American practice, presidents launch donations for such projects, well after they have left office, to minimize illicit quid-pro-quos, never far away from sleaze-entombed contemporary politics.

    Still, Obasanjo bucked that vital convention, doing his own launch as sitting president.

    Besides, there was something morally filthy about oil majors reportedly donating US$ 20 million, to a project championed by a sitting president that doubled as Oil minister.

    That incest, linking oil donors, to the minister’s project, aside from Minister-President sitting as Big Brother that saw all and missed nothing, gave OOPL a morally filthy nativity.

    Sure legally, no crime had been committed; since no donor back then complained of being forced.  Nevertheless, the moral stench was as acrid as ammonia.

    Little wonder, the rather erratic Ayo Fayose, as maverick as they come, would much later allege presidential extortion.

    During his second coming as Ekiti governor, Fayose publicly told Obasanjo to “return” Ekiti’s forced donation towards OOPL — alleging that Ekiti, like other PDP states back then, were corralled into “donating” to the sitting president’s cause.

    That didn’t burnish the moral tincture of the Obasanjo presidency; or clear the cesspool of illicit rackets that was the then ruling party; or, for that matter, improve  OOPL’s perceived rotten moral provenance, even if its promoter-in-chief, also sitting commander-in-chief, postured the Holy Pope, swearing it’s all for public good!

    What is more?  With the latest revelations, the former president, as ballyhooed champion of holy politics and sane governance, would appear to have taken a big hit.  His Atiku re-canonization, in the impassioned build-up to the 2019 general elections, came around the same time OOPL was pocketing the N50 million donation.

    Recall: Obasanjo had written a letter, bombing the Buhari presidency.  Thundering with tumbling adjectives, and rather graceless conceit, he pushed for the “youths” to band together, sack the ruling order and replace it with one of their own.

    That might have been umpteenth petulance from a perennial meddler-in-chief who, to stay immaculate, loves to paint his successors black.

    Still, not a few starry-eyes sparkled at his patriotic roar for a “Third Force”, to take out the stumbling order, for which his suggested African Democratic Congress (ADC) came quite in handy.

    But even with ADC gathering little traction, as it was clear the election would be an APC-PDP affair, not a few still queued behind him, in the gripping election-eve drama.

    Viola, came the Atiku apology.  Then, the sensational Atiku re-beatification; ironically in this same OOPL, with  a Concert of the Aggrieved and some fathers spiritual in tow — damn whatever dire Atiku judgment My Watch had passed!

    But now, much later, the bombshell: the Atiku N50 million “donation” to the OOPL!

    Was that some unfortunate coincidence, as the Atiku camp insists, claiming it was routine “donation”?

    Or indeed, some quid-pro-quo, though in favour of the library the former president championed?

    Again, OOPL the corporate is different from Obasanjo the person; and one can’t take the can of the other.

    But again, the thick stench of messy incest is rather over-powering!

    Which is why the gracelessly defensive Atiku camp is throwing wild swings, mouthing vulgar abuse and recklessly throwing muck like a shaven Samson.

    “Let it be known,” it lectured when the seedy story broke, “that former President Olusegun Obasanjo established the EFCC to be an investigative body and not a propaganda or enforcement arm of the ruling party, as it is now being misused.”

    In that mood, churlish blackmail would appear just fine: ”May we also add that whenever the EFCC wish to come up with mischief,” it alleged, “they fly their kite in The Nation Newspaper. This is now a pattern.”

    Then, the triumphant clincher: “It should be clear to Nigerians that the Presidency, APC, the EFCC, The FIRS and The Nation are now working together as five fingers of the same leprous hands”.

    True: patriotism is the last bastion of the scoundrel; and those with near-zero reputations think little of blighting others’.

    Still, after all the thunder and all the fury, there appears little between the political morality of Obasanjo and Atiku the former president loves to lampoon.

    That explains the collective moral stink of their presidential tenure.

  • Between Buhari and Jonathan

    SIR: Had Jonathan Goodluck defeated Buhari Muhammadu in the 2015 presidential elections, Nigeria might not have come out of recession. He lacked the fiscal discipline to manage the economy, no disrespect to Jonathan, a very good man but goodness on its own never changed anything in history but brutal hard-headed leadership; and he made Nigerians boogied in the dark his entire period in office.

    Iweala Okonjo said so before she disavowed her position. With less money than what Jonathan got, President Buhari Muhammadu did his best to steer the ship of state away from possible depression.

    The bane of leaders in third world countries is the total collapse of real governance, there is no stability in the pursuit of policies. Away with the old and start with the new. The level of abandoned projects in Nigeria is befuddling. Every new government starts new projects and throws away all projects by the previous administration. They borrow money to start projects and never see it through to the end. This is not the case in Asia, irrespective of the previous party /government in power; new administrations pursue projects and complete them for the common good.

    The Buhari Muhammadu’s administration tower above Jonathan’s because projects inherited from the Goodluck Jonathan administration aren’t abandoned, they are investigated in the first instance and if established that they are not bogus projects awarded to cronies and that these tasks satisfy the aspiration of communities of people for whom the jobs are directed, these ventures are finished. He needs to be commended even though I am not his supporter any longer.

    Under Jonathan, states couldn’t pay salaries and even though it is not the responsibility of the federal government to pay salaries, bail out funds were given to states to do so. And now the government is on the tail of governors to recover said cash. Need I say also that even though the economy was rebased under Jonathan, it was just a boondoggle not felt by Nigerians and cash had to be borrowed to pay federal workers.

    It doesn’t appear to be business as usual.

    We never hear of wastages of the ecological funds under Buhari anymore but we once did under Jonathan. You follow? These funds are released for critical projects and not for the sake of elections. How was Norway in 2014 able to raise its sovereign wealth fund to $829 billion from a paltry amount set up in 1990, and everyone in Norway theoretically became a millionaire in Norway’s local currency?

    Probing people under the guise of fighting corruption is not the answer to Nigeria’s problems but the completion of abandoned projects.

    These projects are in every corner and bend in Nigeria and completing them would serve the needs of Nigerians more. Here is where the country needs to deploy civil servants to supervise the completion of outstanding jobs instead of employment for quota basis and for its sake.

    Legislation should be put in place to prevent politicians from awarding elephant projects as a pretext to lining their pockets with public money.

    The main challenge of the Buhari administration is his failure to tackle the security challenges all over the place in the country. His media men are interested only in the glare of publicity and do not have the correct strategy in communicating his achievements to the Nigerian people.

    All told, in rating the performance of Goodluck Jonathan and Muhammadu Buhari, the average performance of Jonathan for me (I may be wrong) was in the region of the 20th percentile. Jonathan had passion for the office of president of Nigeria but didn’t have purpose.  The average performance of Muhammadu Buhari for me (I may be wrong) in his first term in office was in the region of the 45th percentile.  Muhammadu Buhari’s purpose for the office of president of Nigeria was firmly fixed, but you could see that he didn’t have passion for the office, the chief reason he hardly speaks to Nigerians, hardly travels in-country to find out missing pieces but loves to globetrot to tell world leaders where these missing pieces are in Nigeria and how world leaders can help Nigeria and at such moments he forgets that branding exercises starts at home.

    I wonder aren’t people his age scared of frequent travel on air. Neville Chamberlain was scared stiff of flying but had to, to see Hitler so as to prevent eminent war with Germany.

    I need to consult my teachers to find out if both scores are pass marks in examinations?

    • Simon Abah,

    Abuja.

  • Monday Ubani prize for young lawyers now open

    The Monday Ubani Courtroom Mail Prize for young lawyers is now open for participation.

    The competition is open to lawyers who are one to seven  years post call ( Lawyers called on or after 2013).

    The competition is one of the series of competitions, facilitated by Courtroom Mail, aimed at supporting lawyers especially young lawyers.

    Mr Monday Ubani, former Second Vice-President of the Nigerian Bar Association (NBA) donated a prize of a year’s subscription of Supreme Court Judgement Law Report for the winner.

    The competition which is free, will be in four stages .Stage One – Anyone who answers the first question posted  on August 19,  is deemed to have registered for the competition. This stage was open till  September 1,  and all participants will be qualified to go into Stage Two.

    Stage Two – The second question will be posted online at courtroo-mmail.com/quizhall by 8am on Saturday  September 7, and the first 30 participants to answer correctly will qualify for the third stage.

    Stage Three – This will hold on Saturday, September 14,   when the third question(s) will be posted at 8am.

    The first 15 to answer correctly at the third stage will qualify for the finals.

    Finals – The final question will be posted on  September 28,  at 8am and the first to answer correctly, will emerge as the winner of the competition.

  • SIFAX targets 300% increase in turnover

    SIFAX Group has unveiled a five-year strategic growth plan that will generate a 300 per cent increase in its turnover.

    Its Group Managing Director, Mr. Adekunle Oyinloye, made this known at the firm’s mid-year report presentation in Lagos.

    He said: “As a proactive company, SIFAX Group is already preparing for the future. We have an ambition of becoming a real mega business with substantial presence globally. Our first major footprints would be in Africa. We are already in some West Coast nations while efforts are on to do more. We have a five-year strategic plan that encapsulates our vision.

    “A key part of the plan is massive investment in equipment and facilities. Across our companies, more harbour cranes, reach stackers, haulage trucks, forklifts, baggage tow tractors, among others have been acquired to match our ambition as a market leader in the sectors we operate.

    “Facilities are also been expanded. For example, we have acquired two new off-dock locations in Lagos to improve cargo evacuation from the port and provide more options for our clients to clear their consignments without stress.”

    Oyinloye further said the new vision of the company necessitated a new management team, which is  driving the business, adding that the management is delivering on the mandate of Dr. Taiwo Afolabi, Group Executive Vice Chairman, SIFAX Group, which is to turn the business into a big global brand.

    Ports & Cargo Handling Services Limited Managing Director John Jenkins noted that the company’s container throughput for the first half of the year was 130,000TEUs while its general cargo volume was over 100,000 tons.

    “We are expecting our throughout for 2019 to be in the region of 280,000 to 290,000 TEUs on the back of an improved port access road. Already, we have crossed the 130,000 TEUs mark for the first half of the year. This figure is 275 TEUs less than what we achieved in 2018,” he noted.

    A major challenge confronted by Sifax in the first half of the year was the traffic gridlock around the ports.

    Oyinloye praised the government for awarding the contract for the road construction. He however said  a more sustainable solution of linking the ports with a functional rail system would complement the road infrastructure.