The Nation Newspaper

Tag: Prof. Akin Oyebode

  • ASUU stand-off: I stand by my decision- Babalakin

    The Federal Government/Academic Staff Union of Universities (ASUU) 2009 Agreement Renegotiation Committee Chairman, Dr Wale Babalakin (SAN) on Tuesday said he stood by his insistence on quality, well- funded tertiary education in the country.

    Babalakin said it was partly because of his refusal to vary his decision that the Academic Staff Union of Universities (ASUU) described him as a tyrant.

    Universities across the country are on strike following lingering funding issues.

    On December 9, ASUU members in UNILAG accused Babalakin, who is the Pro-chancellor of the institution, of overreaching his legal limit and trying to foster discord amongst UNILAG staff.

    But, according to Babalakin, the government requires over N2 trillion for several years to salvage the sector, a sum the lawyer said it may not have.

    He spoke in Lagos at the public presentation of ‘Criss-crossing law and jurisprudence‘, a festschrift in honour of ex University of Lagos (UNILAG) Vice Chancellor and Law professor, Prof Akindele Oyebode.

    A festschrift is a collection of writings published in honour of a scholar.

    It was organised by the UNILAG Faculty of Law.

    Babalakin said: “You must all have been following the battle for the resuscitation of education in Nigeria.

    “We have had the agreement of how it is to be achieved.

    “The unions believe that all the money must come from the Federal Government. We have made a calculation to reposition Nigerian education today and we require over N2trillion consistently for the next couple of years.

    “If the Government had N2trillion, please bring it but if they don’t have two trillion, don’t delay the resuscitation of the universities.”

    According to him, money must be found for education “from whatever source: public, private alumni money. All these monies must come together for us to fund university education.

    “This is the disagreement ASUU has with me and they variously described me as an oppressor, as a tyrant, and as a man determined to have his views.

    “If I am going to sacrifice because I insist that quality education must be had in Nigeria, that we must have good funding, that we must have the likes of Prof Akin Oyebode joining the universities all over again and having a full life in the university and achieving everything they set out to achieve, I stand charged, and I will stand by it.”

     

     

     

  • Buhari greets Prof. Oyebode at 70

    Buhari greets Prof. Oyebode at 70

    President Muhammadu Buhari has congratulated erudite scholar and renowned Professor of International Law, Prof.  Akin Oyebode, as he clocks 70 years.

    President Buhari delightfully joined the academia, all professional colleagues, family and friends of the scholar, who has spent 44 years in research, teaching and writing seminal papers that both institutions and governments have found most relevant for development.

    President Buhari, in a statement by the Special Adviser on Media and publicity, Femi Adesina, commended Oyebode’s diligence, discipline and exceptional brilliance in bringing fresh perspectives to international law at a period like this in the history of mankind.

    As he turns 70 years and retires from the university, the President affirmed that Oyebode’s contribution to nation building would always be remembered and preserved by posterity, believing that more opportunities will be waiting for research, networking and seminal presentations.

    President Buhari prayed that the almighty God will grant the scholar longer life, good health and wisdom to serve the nation.

  • ‘Pitfalls to avoid in money laundering cases’

    ‘Pitfalls to avoid in money laundering cases’

    Although the Nigerian Bar Association (NBA) has challenged the legality of the Money Laundering Act 2011, which compels lawyers to declare financial transactions with the clients in court, lawyers were last week taught how to relate with their clients in order to avoid being indicted for money laundering.

    Participants at the NBA Lagos branch “money laundering vs the legal practitioner” session, which was part of events to mark the branch’s law week, were enlightened by renowned legal scholars and practitioners on how to do their jobs without aiding and abating the crime.

    The session, which was chaired by Rickey Tarfa (SAN), had Mrs. Funke Adekoya (SAN), Prof. Akin Oyebode and Mrs. Ngozi Giwa-Amu as speakers.

    Referring to countries such as Canada, South Africa and the United Kingdom, Mrs Adekoya noted that legal practitioners across the globe have always staged a legal war against enactments that conflict with their codes of professional ethics.

    She said lawyers indirectly get involved in money laundering through the use of the lawyer’s client account by criminal clients as a bank account to deposit criminal proceeds for onward transmission to various payees on the instructions of the client; through management of clients’ money or other assets; using his/her name to acquire bank accounts, credit cards or loan agreement for the client; creation of companies and trusts, among others.

    The attorney-client privilege is a fundamental concept in the relationship between a lawyer and his client, Adekoya said.

    ”It provides protection for both the lawyer and client from disclosing communications made in confidence for the purpose of enabling the client to obtain legal advice or assistance. The lawyer cannot be compelled to disclose it, even by an order of court.

    “The Constitution of the Federal Republic of Nigeria 1999 (“the Constitution”) guarantees every person the right to a legal practitioner of one’s choice (Section 36(6)(c)) and, thereby, entitlement to attorney-client privilege. Section 37 of the Constitution also guarantees the right to privacy,” she said.

    On how lawyers can protect themselves from such liability, Adekoya urged them to ensure client’s due diligence checks and further enquiry; report suspicious activity; do in-depth oversight of the client’s business; assess the client’s objectives and provide requisite staff training.

    She said they should ensure awareness of transactions with heightened money risks; avoid the provision of banking services for clients; refuse cash payments above a certain limit at the law office or into the firm’s bank account as well as the monitoring by accounts staff to ascertain if funds received from clients are from credible sources.

    Citing the rules of professional conduct, Mrs Adekoya advised lawyers to terminate relationships with clients who are criminal dealings, adding “a lawyer shall uphold and observe the rule of law, promote and foster the course of justice, maintain a high standard of professional conduct, and shall not engage in any conduct which is unbecoming of a legal practitioner.”

    Oyebode noted that contrary to widely held opinion, the privilege of confidentiality between lawyer and client is not absolute as the law has envisaged circumstances when the privilege can be impugned.

    He argued that the Money Laundering Act does not directly remove the lawyer-client confidentiality privilege but obliquely criminalises failure by any person to report an international transfer of funds or securities required to be reported under the Act, which was merely following the precedents laid down by earlier legislation such as the ICPC Act, 2000 and Terrorism (Prevention) Act 2011.

    Oyebode said lawyers would enjoy no protection under the law for any property that they hold on behalf of their client if it can be established that such a property arose from transactions involving money laundering.

    “It should be clear to all concerned that lawyers carryout their duties under the law and have to abide by whatever strictures and constraints envisaged by the law in furtherance of the larger interests of society,” he said.

    The event also had sessions on security; the Petroleum Industry Bill (PIB), legal ethics, with Justice Ayotunde Philips, Prof. Itse Sagay (SAN), Chief Bayo Ojo (SAN), Emeka Ngige (SAN) and Babatunde Ogala, among others, in attendance.

     

  • Bakassi case not closed, says Oyebode

    Former University of Ado-Ekiti Vice Chancellor Prof. Akin Oyebode has declared that Nigeria can still reclaim the area of Bakassi Peninsula ceded to the Cameroun, based on the judgment of the International Court of Justice.

    The Professor of International Law disputed the Green Treaty under which Nigeria and Cameroun agreed to give the land to the former French Colony, pointing out that it is not binding.

    Oyebode, who suggested that military action could be invoked as a last resort said no African country can underrate the military might and potentials of Nigeria.

    He alluded to the violation of the process of ceding part of Nigeria’s territory to another country, which he said was cleverly ignored by the Presidency, following the negotiation brokered in France by the French President between Cameroonian and Nigerian leaders.

    Oyebode said: “The so-called treaty or agreement was never approved by the National Assembly”, maintaining that its implementation was done in error.

    The University of Lagos teacher noted that, in the case of military confrontation, French’s military pact with Cameroun may predispose it to supporting its former colony. However, the legal scholar said France would hesitate to adopt that approach because of its enormous investment and other interests in Nigeria.

    Oyebode, who spoke at the Nigeria Television Authority (NTA) One-On-One Programme, recalled that the military administration managed the Bakassi issue better.

    The former Vice Chancellor urged Nigeria to press for the ownership of the disputed Peninsula, based on the fact that the National Assembly never ratified the controversial treaty. He said there is no way Cameroun can gain ownership of the disputed area and begin the exploitation of its oil resources without impinging on the rights of displaced Nigerians in Cross River State.

    Oyebode also spoke on the state of the nation, especially the contentious national question, state police and lopsided federalism. He said state police will stem insecurity in the land because members of the community would be recruited into the police, thereby reducing unemployment.

    He said Nigeria should also halt the practice of quasi federalism by adhering strictly to the spirit of true federalism.