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Tag: preservation

  • Acja and preservation of constitutional safeguards

    Being text of a paper delivered by law teacher and prosecutor Wahab Shittu at the Presidential Advisory Committee against Corruption (PACAC) roundtable on July 24.

    Introduction

    Please allow me to start my presentation by paying glowing tribute to the Presidential Advisory Committee Against Corruption (PACAC) for its complementary activities in wiping out corruption from our country, uncommon contributions to law reform and administration of justice and commitment to constitutional safeguards since it came on board at the outset of this administration.

    I am also extremely honoured to share this podium with the eminent and highly cerebral senior friend, Prof Fidelis Oditah QC, SAN, visiting Professor of Law, University of Oxford with whom I have been associated professionally as a mentee and on a personal level since 1983 when I gained admission to study law at the University of Lagos and encountered this uncommon intellectual prodigy as a first year law student.

    The choice of the guest speaker to lead this discourse is a fitting one considering his track record of excellence, experience, exposure and brilliance. As we all know, the guest speaker had graduated at the top of his class with first class honours, a feat he repeated at the Nigerian Law School. I have since followed closely his impressive career profile leading to the famous commentary by the British which I paraphrase thus: Fidelis Oditah has such a huge brain to the extent that if there is something not contained in Oditah’s huge brain, that thing probably does not exist. It is for these reasons that I tremble in making my contributions to this challenging topic knowing that, as always, I have a lot to learn from this internationally acclaimed QC and Senior Advocate of Nigeria.

    This roundtable is on the Administration of Criminal Justice Act (ACJA) 2015 and the preservation of constitutional safeguards with emphasis on Section 306 of the ACJA, which outlawed the grant of stay of proceedings in criminal trials. In the case of Olisah Metuh v. Federal Republic of Nigeria (FRN), the Supreme Court had upheld the constitutionality of section 306 of the ACJA 2015 and this has generated controversy.

    There are those who contend that the Supreme Court decision does not derogate from any of the constitutional safeguards while others argue that the decision impacts negatively on the inherent powers of courts guaranteed under section 6(6)(b) of the Constitution as well as the principles of fair hearing preserved under section 36 of the Constitution among others including constitutional provisions on litigant’s right of appeal. This roundtable is designed to engage all of these issues with a view to deepening our jurisprudence and perspective.

    The main purposes of the ACJA 2015 include among others: the promotion of efficient management of criminal justice institutions and speedy dispensation of justice, protection of the society from crime, and protection of the rights and the interest of the defendant and the victim.

    Significantly, in order to ensure speedy trial, the Act provides in Section 306 that application for stay of proceedings shall no longer be heard until judgment and cannot operate to stall continuation of trial.

    This is a revolutionary move that is unprecedented given the delays occasioned to the trial process by interlocutory applications to stay proceedings pending appeal on preliminary matters even when the substantive issues are yet to be tried on the merits.

    What the ACJA has done is to amplify the provisions of the Constitution to ensure speedy dispensation of justice. This new law is very progressive, timely and in conformity with international best practices.

    It is against this background that I now proceed to examine the implications of the Supreme Court decision in the case of Olisah Metuh v. FRN on the constitutionality of Section 306 of the ACJA 2015 which outlawed the grant of stay of proceedings in criminal trials.

    In resolving the question as to whether the decision strengthens constitutional safeguards or otherwise, I have arranged my paper into eight parts.

    Immediately following the introduction is part B which examines the purport of Section 306 of the ACJA 2015 and Section 40 of the Economic and Financial Crimes Commission (EFCC) Act 2004; part C examines issues that have arisen as a result of the Supreme Court’s decision in Olisah Metuh v. FRN (SC. 457/2016) outlawing stay of proceedings in criminal trials.

    Part D is the summary of key findings of the Supreme Court in Olisah Metuh v. FRN; Part E, which is the meat of the paper, examines the legal and constitutional implications of the decision in Olisah Metuh v. FRN; Part F examines the phenomenon of  abuse of stay of proceedings and demonstrates how same is tackled in other jurisdictions with specific emphasis on the Supreme Court pronouncement on the practice in India.

    Part G deals with summary of my arguments in the paper. Part H concludes the paper with the emphatic point made that the decision of the Supreme Court in Olisah Metuh v FRN is courageous and will impact positively on the administration of criminal justice system and speedy trial process in the country.

    In the concluding part, the paper also made other recommendations including punishing irresponsible prosecutions to the prejudice of the defendant, drawing examples from the UK experience and the need for rigid enforcement of ethical, moral and professional standards by counsel.

     Purport of Section 306 of the ACJA 2015 and Section 40 of the EFCC Act 2004.

    The ACJA has impacted on criminal justice administration in several respects by introducing innovations notably section 306 which provides: Application for stay of proceedings in respect of a criminal matter before the court shall not be entertained.

    Section 40 of the EFCC (Establishment) Act, 2004 of similar import provides: Subject to the provisions of the constitution of the Federal Republic of Nigeria 1999, an application for stay of proceedings in respect of any criminal matter brought by the Commission before the High Court shall not be entertained until judgment is delivered by the High Court.

     Issues

    Arising from the decision of the Supreme Court in Olisah Metuh v FRN, in my respectful opinion, are the following issues:

    Whether the decision outlawing the grant of stay of proceedings in criminal trials reinforces the legality of Section 306 of the ACJA 2015?

    Whether the decision violates inherent powers conferred on the court by Section 6 of the Constitution of the FRN 1999 (as amended)?

    Whether the decision violates the right to fair hearing guaranteed under Section 36 and other sections of the Constitution of the FRN 1999 (as amended)?  Or

    Whether the decision indeed strengthens constitutional safeguards on fair hearing and speedy dispensation of justice?

    Essentially, these are the three main issues that my intervention will seek to address in the context of the Supreme Court decision in Olisah Metuh v. FRN and wider implications on the preservation of constitutional safeguards.

     Summary of key findings of the Supreme Court in Olisah Metuh v. FRN

    In the case, the Supreme Court held as follows: “On whether stay of proceedings can be granted in criminal trial commenced under EFCC Act, 2004 or Administration of Criminal Justice Act, 2015 –

    “Section 40 of the EFCC (Establishment) Act, 2004 and section 306 of the Administration of Criminal Justice Act, 2015 respectively state that a trial court lacks powers to order stay of proceedings in a criminal trial commenced under the Acts. In this case, the appellant’s trial is under the Administration of Criminal Justice Act 2015, and his application is in conflict with the provisions of the Act and the EFCC Act.  The application was therefore dismissed. (Pp. 176-177, paras.G-B; 179 paras.A-C, E-F; 180, paras.C-E; 181-182, paras.G-C; 183, paras. C-E)

    “On Limit on general powers of Supreme Court to grant stay of lower courts’ proceedings –

    “Under section 22 of the Supreme Court Act, the Supreme Court may, from time to time make an interim order or grant any injunction which the court below is authorized to make or grant.  So the powers given to the Supreme Court to stay further proceedings of a lower court can only be exercised to that extent in respect of the orders which the lower court is authorised to make or grant. 

    “In this case, by the combined provisions of section 40 of the Economic and Financial Crimes Commission (Establishment) Act 2004, section 306 of the Administration of Criminal Justice Act 2015, and section 15 of the Court of Appeal Act, the trial court and the Court of Appeal lacked powers to order stay of proceedings in a criminal trial.  In the circumstance, the Supreme Court lacks the power to order stay of proceedings of the trial of the appellant and 2nd respondent. (Pp. 176-177, paras.F-F; 178, paras.D-E; p. 179, paras.A-C; 180 paras.F-G; 182, paras. C-E).”

    “On when application of principle of fair hearing will affect grant of stay of criminal proceedings-

    “Section 36(4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides that whenever any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal.  The import of the foregoing constitutional provision is that where the grant of an application for stay will unnecessarily delay and prolong criminal proceedings, it will not be granted. 

    “In this case, the grant of the appellant’s application for stay of proceedings would result in undue delay in the trial of the appellant.  Further, the application conflicts with the provisions of section 36(4) of the Constitution (as amended), section 40 of the Economic and Financial Crimes Commission (Establishment) Act 2004, and section 306 of the Administration of Criminal Justice Act 2015.  In order words, the application is against clear constitutional and statutory provisions that enjoin and mandate the trial court not to delay criminal cases. (Pp. 178, paras.F-H; 182, para.G).

    Fundamentally, there are other key findings of the Supreme Court in the case particularly concerning attitude of courts to trial pertaining to crimes against persons and economic crimes, the purport of section 40 of the EFCC Act 2004, the limit of scope of powers vested in courts under section 6(6)(b) of the 1999 Constitution (as amended) and whether section 15 of the Court of Appeal Act can be invoked to stay proceedings in criminal trials that are examined in the course of this presentation.

    Legal and constitutional implications of the decision in Olisah Metuh v. FRN

    1. i) Strengthens Constitutional Safeguards and Reinforces legality of Section 306 ACJA

    The Supreme Court pronouncement reinforces the legality of section 306 of the ACJA 2015 and strengthens constitutional safeguards on speedy determination of criminal cases, including defining the scope of inherent powers of the court guaranteed under section 6 of the constitution amongst others.  I will, however, focus on the impact of the decision in forestalling the element of delay in the trial process and also address other implications of the judgment.

    1. ii) Decision Forestalls Delay in the Criminal Trial Process

    One way of appreciating the case of Metuh v FRN is to consider delays occasioned to the criminal trial process particularly in respect of high profile cases prior to the Supreme Court’s pronouncement in the case.Many of the high profile cases dragged on needlessly to the embarrassment of our criminal justice delivery system. We give a few examples:

    • EFCC v Akingbola (2015) 14 NWLR (Pt. 1478) was remitted back for trial after five years;
    • Nyame v FRN remains unresolved after several years;
    • Kalu v. FRN lasted for about ten years;
    • Dariye v FRN dragged on for over a decade before conviction was recorded recently.
    • FRN v Borishade lasted until the defendant’s demise.

    The above are few examples of the resultant damage done to criminal justice system by stay of proceedings and interlocutory appeals as instruments of delay in the trial process.

    This intolerable situation has attracted scathing remarks even from outside our shores.  In the case of IPCO Nigeria v. NNPC (2014) EWHC 576 (Comm)., The English Court of Appeal observed that the Nigeria Judicial System is ‘bedeviled by catastrophic delays’.

    Against this background, the Supreme Court decision in Metuh v. FRN is the beginning of a new era aimed at forestalling the element of delay in the criminal trial process occasioned principally by stay of proceedings and interlocutory appeals.

    In the leading judgment delivered by Clara Ogunbiyi JSC, the Supreme Court held:

    “Contrary to the submission advanced by the applicant’s counsel, the consequential effect is that, the Supreme Court, like the two lower courts, also lacks the powers to stay proceedings under section 22 Supreme Court Act or under its inherent powers.”(At p.177)

     

    • To be continued next week

  • For preservation of their cultural heritage

    Brazilian Descendants Union Lagos, in conjunction with The Brazilian Consulate Lagos, has held its second yearly memorial lecture to immortalise its ancestors and celebrate the living. The event was held at the Shoremekun Hall on Broad Street, Lagos, OLATUNDE ODEBIYI and PETER OLUWADARE write.  

    TO preserve the Brazilian cultural heritage and values in Lagos, the Brazilian Descendants Union Lagos, in conjunction with The Brazilian Consulate, Lagos, has held its second annual memorial lecture to immortalise their ancestors and celebrate the living.
    The theme of the lecture was: “Social vices in our society- why and what is the solution.”
    The event was in honour of Libento Pedro family. The Brazilian descendants in Lagos consist mostly of descendant’s of freed Afro-Brazilian slave returnees who settled in Lagos.
    In his welcome address, Lawal Pedro (SAN), said the lecture was in honour of Libento Pedro, who was one of the first set of freed or emancipated Africans repatriated from Brazil to Nigeria after the 1835 rebellion known as the Male Revolt led by the Yoruba slaves in the city of Salvador.
    According to him, the lecture aims to revive the community known as the Brazilian descendants that has come to stay in Lagos. He referred to it as the beginning of civilisation on development in Lagos and in Nigeria in terms of architecture, culture and values.
    He explained that the social vices in our society are caused by among other things the loss of our heritage and social/ moral values.
    This, he said, is traceable to the omissions or actions of successive government in the state for not pursuing with passion the policy and law for the preservation / conservation of our cultural heritage.
    “Why did we allow the destruction of most of the standard Brazilian Architecture houses in the community? The recent of which is d demolition of the Casa do Fernandez, one of the most beautiful mansions in the Brazilian quarters, whereas the National Commission for Museum and Monuments (NCMM) of the Federal Ministry of Culture and Tourism had listed the building as an historical property on April 5, 1956 and declared patrimony of the Federal Government in 1984.”
    Pedro called on government agencies to have the passion to drive the policy of government in respect of preserving the cultural heritage.
    “There is a policy and there is a law in this regard but what we need is to drive the policy with passion,” he said.
    He announced the creation of an Endowment Fund by the Descendants to establish a Brazilian Descendant Cultural Centre (BDCC) for the restoration of the historical heritage, development of the community and empowerment of the youths towards reaching the social vices in the community.
    The centre, he said would act as a tourist site for people in diaspora both Nigerian and foreigners, adding that it would also attract revenue for Lagos state government.
    The Chairman on the occasion, Senator Oluremi Tinubu, represented by the immediate past Sole Administrator of Eti-Osa Local Government, Princess Abiodun Elegushi, said the legacy of the indigenous Brazilian community in Lagos is a lasting and laudable one, noting that Lagos State and the Lagos Central Senatorial District were proud to be home to the popular Brazilian Quarters or ‘Popo Aguda’ with which the members of the Brazilian Descendants Union are historically and culturally associated.
    According to her, there are many fascinating stories about the return to Nigeria of the wonderful people who populated the Brazilain Quarters of Campos, Tokunbo and Igbosere in Lagos Island. “The contributions of the members of the Brazilian Quarters to the culture, cosine and fashion of Lagos cannot be over-emphasised.”
    She noted that increase in population and modern infrastructural development has ensured a change in the outlook of the area. “Still, the families in the quarters have kept their traditions alive; maintain the Brazilian architecture, passing down property and customs for more generation to the next.”
    She urged non-governmental organisations and private entities to contribute to the growth and development to shared existence. “We must be determined to increase our engagement with the government and other social organisations to improve the physical, mental and social health of our community with the aim of bequeathing a better society to future generations.”
    Consul-General of Brazil Flaviour Bonzanini said corruption was one of the social vices in the country, noting that it has some associated manifestations, including drug abuse, thuggery, cultism, inordinate ambition,  sexual abuse and examination malpractice.
    According to him, these vices are common among the youths; “the youths need directions in which to go and follow their dreams, they need role models and they need to close the generation differences. They need to keep away from social vices that could prevent them from realising a bright future.”
    He advised that whatever factors have led to the social vices must be wisely handled in the spirit of development, social inclusion, community actualisation and long term collective future projects.
    “Statistics are important in keeping to a focused strategy of eliminating or completely reducing the adverse effects of social vices on the lives of the members of the community because these face challenges continuously in meeting their various kinds of needs.
    He described the lecture as important, noting that it preserves the Brazilian culture in Lagos. “The Brazilian people and government are proud to have
    descendants in Nigeria that preserves the Brazilian culture and values, and we will support the community to preserves those values.” He said
    Prof Abolade Adeniji form the department of History and International Studies, Lagos State University (LASU), said the Brazilian descendant must appreciate their history and heritage.
    He identified the social vices in our society as corruption, both political corruption and non-political; kidnapping, adoption, rape and 419.
    “No society where these vices are rampant can progress. The solution to these vices is moral, regeneration and it concerns all of us, including, parents, teachers, community leaders, religious leaders and government.
    He stressed that unemployment is not an excuse for hooliganism, cultism, prostitution, abduction, kidnapping and other nefarious activates.
    “The society, especially the youths must regain and strengthen its moral fibre. Parents, teachers, religious leaders and elders must rededicate themselves to the cause of returning our lost values. We all hold it a responsibility to hold our heads high and resist the temptation for serious unbecoming of our great heritage,” he added.

  • Ekiti advises farmers on storage, preservation of produce

    The Ekiti State Government has assured farmers in the state of necessary assistance in storing and preserving their farm produce.

    The Commissioner for Agriculture and Rural Development, Hon. Kehinde Odebunmi, gave the assurance in Ado-Ekiti while addressing a cross-section of farmers and traders in the state during a two-day sensitisation seminar on “Safe and Responsible use of Agrochemicals for stored Grains”.

    Hon Odebunmi who noted  that large percentage of farm produce was destroyed every year through poor storage techniques  stressed the commitment of the state government  to reverse the trend

    He reiterated the resolve of the Fayose administration to diversify the state economy from one that is  totally dependent  on the dwindling allocation from the federation accounts to an agriculture-based economy that will ultimately boost the Internally Generated Revenue (IGR) of the state.

    According to him, government would leave no stone unturned in sensitising all stakeholders on the proper use of agrochemicals.

    Noting the enormous harmful effects of the misuse of agrochemicals which he attributed to ignorance by farmers/traders and consumers, Odebunmi explained that the seminar was organised to assist in curbing the misuse of agrochemicals.

    He described the choice of Shasha Market as venue for the training as strategic since it serves as the primary distribution centre for grains to all markets in the state.

    The Seriki of Hausa Community at the Shasha Market expressed gratitude towards the government, especially the visit of the commissioner which he said was the first of its kind, as he had never witnessed such since he got to Ado-Ekiti about 40 years ago.

    He promised the Fayose administration of unalloyed support from the Hausa Community in the state and prayed for the success of the government.

  • Don stresses need for soil preservation

    A lecturer in the Dept of Crop and Soil Sciences, College of Agriculture, Landmark University, Omu-Aran, Kwara State, Prof . Olusola Omosofe Agbede, has  said  Nigeria could face food crisis if urgent action is not taken to preserve the soil that has been overstretched.

    Speaking during a public lecture titled: Assessment, development and conservation of soil fertility key to national food security, at the university, he said man was created from the soil and from that creation depended on soil for prosperity and survival, that any departure from this divine arrangement usually incurs unpleasant consequences.

    According to him, through man’s carelessness and misuse of soil resources over time, soil productivity has declined. He warned that if soil is not adequately managed, many countries, including Nigeria could face food crisis.

    While acknowledging that the government is making efforts at upgrading soil fertility assessment development and conservation to increase food production, Agbede advised that in order not to be caught up in this crisis, the government should arrest the problem early.

  • Expert tasks Fed Govt on preservation of artefacts

    A consultant with the Centre for Environmental Renewable, Natural Research,Management, Regional and Development (CEMRAD), Dr  Olajide Oladipo, has called on the Federal Government to preserve the nation’s artefacts.

    Speaking at the World Museum Day Ceremony at the National Museum of Unity, Ibadan, Oladipo said preservation was the only way to prevent the artefacts from going into extinction.

    “The Federal Government should collaborate with Non-Governmental Organisations to preserve the nation’s artefacts from facing extinction,” he said.

    Oladipo said the need to preserve the artefacts  became imperative in order to allow future generations  to have access to them.

    He also called for the  setting up of  urban museums where historians, researchers, students and heritage followers could go for knowledge acquisition.

    Oladipo also called for tree planting to boost colouring, saying “the nation cannot continue to rely on artificial colouring.”

    “A lot of children can take advantage of the trees to get colouring for their painting works In view of this fact, it is good not to abandon planted trees,” he said.

    Also, Mr Bode Adesina, the Curator of the museum, said Nigeria celebrated the  Day to enable people to reflect on the  benefits  of  museum.

    “Nigeria is joining the rest of the world to mark the Day in order to tap the benefits of museum and draw the attention of the public to it,” he said.

    He called on Nigerians to cash in on the theme of the event, “Memory and Creativity, ’’ saying this would help change the fortunes of museums.

    Present at the forum were stakeholders involved  in artefact and heritage development and preservation.

  • Museum seeks govt’s support for heritage preservation

    Director-General of the National Commission for Museums and Monuments Mallam Yusuf Abdallah Usman is seeking the support of government at all levels for the preservation of monuments and sites. He also sought the support and co-operation of the communities and other stakeholders to realise the commission’s goal of preserving the monuments and heritage.

    “We should preserve our monuments and sites so as to have a legacy to bequeath to the future generations. As our slogan is “visit a monument or site today and lend your support to its conservation and preservation for posterity,” according to Usman who spoke at this year’s International Monument Day, organised by the National Museum, Onikan, Lagos.

    The day is set aside every year to delineate the importance and the immense value of monuments and sites around the globe.

    This year’s theme was Heritage of Education. It focused on built heritage that have contributed to the development of education through various forms of learning and academic archival institutions, such as schools, universities, libraries, academies and others in its various expressions of different geo- cultural contexts.

    The international monument day came into existence following a proposal by the International council for monuments and sites (ICOMOS) on 18th 1982, and was approved by the General Assembly of United Nations Educational, scientific and Cultural Organization (UNESCO) in 1983. Since that year, the day has been celebrated by heritage professionals and other interest groups.

    The Commission’s Chief Heritage Officer, Mr. Taiwo Ademuyiwa Awoniyi spoke on how heritage influences education and vice versa. According to Awoniyi, “heritage is as important to man just as education is. While the former is the legacy from the past and what is passed to future generations. The import of this celebration should not be lost to all professionals, because the task of promoting our heritage is an all embracing task. We must work concertedly to drive away ignorance from our society and make useful impact toward the development of our heritage”.

    Pictorial exhibition was put up on the six oldest educational institutions from the six geo- political zones of Nigeria to mark this year’s monument day. The educational institutions are; Old Training College Katsina, Katsina state, Government College, Maiduguri, Borno State, First primary School in Northern Nigeria, Lokoja, Kogi State, Dennis Memorial Grammar School, Onitsha in Anambra State, Hope Waddell Training Institute – Premier Building, Calabar, Cross Rivers State, Christian Missionary Society (CMS) Grammar School, Bariga, Lagos State.

  • Preservation of artistic work

    Contemporary artist, Victoria Udondian has said that the preservation of textile materials is a task for the future. She spoke in Lagos at an interactive session at the open studio event held at Ajao Estate, a Lagos suburb.

    She gave an insight into the orgin of importing used cloth (okrika) and how Europeans preserve their textile works from extinction. However, textiles and fabrics are very fragile because they need a good gallery to preserve them. She urged Nigerians to see the merit in textiles, weaving and all artistic works because they hold the key to our past heritage.

    According to her, the origin of importing foreign cloth began through charity adding that the privileged donated cloth to the less privilege. She noted that was how the importation of foreign cloth began and created means of making money. The government and individuals should help in preservation of fabric work. “The best fabric works are always purchased by Europeans and other foreigners because they have a good gallery to keep works for futuristic purpose. In Nigeria, we do not have good galleries to preserve our fabrics,” she said. Udondian is passionate in creating fabrics and textiles because she uses it to communicate to the public.

    Udondian, who graduated from the University of Uyo with a BA in painting in 2004, said: “In my work, the garments used and the weaving as well as the sewing methods implored are imbued with strong ethical and social values which painting alone can’t portray”. She hopes to have her first solo art exhibition in Lagos before the end of the year. She has not had any solo because she feels she is not prepared but thinks she is now.

     

  • Butchers get N3.6b meat preservation loan

    LAGOS State Governor Babatunde Fashola has approved N3.6 billion soft loan for butchers to acquire cooling vans for proper meat preservation and distribution.

    Chairman of the National Butchers Union of Nigeria, (NBUN), Lagos State Chapter, Alhaji Muritala Babalola, aka Seriki Kara, made this known yesterday at the union’s Southwest meeting in Ibadan. He praised the governor for the loan.

    Babalola recalled that in 2010, Fashola gave them N670 million loan to buy over 150 Mitsubushi vans. This, he said, enabled the butchers to transport their meat from one abattoir to another effectively.

    He said: “Fashola has help us to protect the health of the citizens, especially with the slaughter and preservation of meat in a hygienic environment with the purchase of these vehicles, because we do not need to hire unclean vehicles to transport our meat to the market again.”

    Babalola promised the union’s continued support for Fashola’s transformation agenda.