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Tag: Rule of law

  • Lawyers advocate adherence to rule of law

    Lawyers advocate adherence to rule of law

    Lawyers  have vowed to stand by the masses in ensuring the government respects the rule of law.

    According to them, there will be no sustainable development where the authorities do not obey the laws of the land.

    Participants at this year’s Annual Law Week of the Nigerian Bar Association (NBA), Owerri Branch,  upholding the rule of law would  enhance  justice and peace, in which development can thrive.

    The weeklong event was held in Owerri, Imo State capital.

    The keynote speaker, Mr. Peter Eze, examined the concepts  of the rule of  law and sustainable development in a paper entitled: Rule of law and sustainable development in Nigeria: whither the Bar and the judiciary.

    According to him, unless the judiciary and the Bar play their respective roles in maintaining justice in society, there is a serious risk that a culture of impunity would take root, thereby widening the gap between the citizens and the government.

    “If people encounter problems in securing justice for themselves, they may be driven to self-help resulting in further deterioration in administration of justice and possibly new outbreak of violence that threatens sustainable development,” Eze said.

    Speaking on the rule of law in a receding economy, Chairman, National Population Commission (NPC), Eze Duruiheoma (SAN), said nothing should be allowed to stand on the way of the rule of law.

    “It is a sacred duty which lawyers have to ensure that the rule of law remains alive at all times.

    “How, then, can we ensure that those persons deserving of our services and who cannot afford the same because of the economic situation, get them?

    “While the provision of pro-bono services is a way out, it does not completely address the problem.

    “In pro bono services, the lawyer undertakes the performances of his duties on behalf of an impecunious client entirely on gratis.  There is no obligation on the client who receives pro bono services to pay for same even in future.

    “We must accept fact that not every lawyer can afford to render pro bono services as defined above. However, some lawyers may accept a situation where their fees and other out of pocket expenses are paid at the conclusion of the case.

    “In that case, the lawyer is prepared to accept a situation where his fees and other entitlements are contingent upon a successful conclusion of the case.”

    He called for a law to enable lawyers vigorously defend the interests of citizens who are unable for financial reasons to fight for their rights. That way, the rule of law will be the ultimate beneficiary, he said.

    Duruiheoma said corruption is inimical to the rule of law.

    “Those government and court officials  who are unable to resist the negative effects of recession and who as a result constitute clogs in the wheel of the rule of law should quit their positions or be shown the way out. There is absolutely no excuse for corruption because it corrodes the entire society.

    “In other words, our own recession will end one day. While we pray for that day to come quick, we must for now, protect ourselves and our core values,  particularly the principle of the rule of law from its unfriendly effects. That is the task before us now,” Duruiheoma said.

    Speaking on Depreciation of the Naira and its effect on sustainable democracy: some legal considerations, Mr. Onyema Otitodiri said government should reinvigorate the productive sectors.

    “No matter how inconsequential, the production of goods should be encouraged.  Even the production of tooth-picks, teaspoon, tissue paper, locally sewed clothes, and so on can generate employment and reduce imports.

    “Socially, it is high time we understood that Nigerians have low taste for domestic products thereby affecting demand, profitability and sustainability of local industries.  This dangerous habit cannot reduce imports to strengthen the Naira.

    “Therefore, this should be corrected through proper national orientation.  Alternatively, heavy custom duties should be imposed on the undesirable goods.

    “Legally, the government can reinvigorate the economy by strengthening the legal frameworks and institutions that will ensure sustainability of the nation’s democracy.

    “Thus, government must conduct their activities within a framework of defined rules and regulations and disputes involving the legality or illegality of government actions must be decided by the courts independent of governmental interference,” he said.

    Otitodiri said there was the need to amend  Chapter two of the 1999 Constitution to make the bulk of rights contained in it justiciable.

    “It is suggested that even if Nigeria is not fully ready to enforce, the economic, social and cultural rights dealing mostly with the Fundamental Rights and Directives Principles of State Policy, the government should at least be sued for its inability to remove the obstacles to the full realisation of this rights.

    “If people encounter problems in securing justice for themselves obviously in view of the present economic hardship, they may be driven to self-help resulting in threat to sustainable democracy.

    “Lawyers should rise up to the occasion in fighting impunities in government.  This simply translates that judicial activism should be encouraged in all ramifications.

    “This is more so because the last hope of common man in Nigeria and in any other nation, is in the courts of the land which are the temple of justice,” Otitodiri said

    The branch chairman, Mr. Lawrence Nwakaeti, said lawyers must align ourselves with the suffering masses.

    ‘This must however not be misunderstood to mean that we are fighting the government, far from it. Our jobs are complementary and therefore aimed towards building a free fair and just society for all,” Nwakaeti stated.

    The week-long event ended on Friday night with an annual law dinner chaired by a former Chief Judge of  Imo  State, Justice B. A. Njemanze.

    Also in attendance were former Imo Chief Judge, Justice P. C. Onumajulu, Imo State Commissioner of Police, Mr. Taiwo Lakanu and Chief Arthur Obi Okafor (SAN), who were honoured at the dinner for their contributions to  development.

  • Senate, Customs and rule of law

    Senate, Customs and rule of law

    THERE is a precedent to show that Maj.-Gen. Haladu hananiya, a former military officer appointed to head the paramilitary Federal Road Safety Corps (FRSC), wore the uniform of his new appointment. But precedence is not what bothers Col Hameed Ali (retd.), Comptroller-General (CG) of the Nigerian Customs service. For reasons he has not quite articulated clearly and precisely, Mr Ali is simply not keen on wearing the customs uniform as directed by the senate which summoned him to appear before them in uniform to defend the controversial directive ordering vehicle owners to pay retroactive duties on their vehicles. First he shunned the summons, then eventually two Thursdays ago, he honoured it, but in mufti. The senators declined to give him a hearing, asking him to return last Wednesday in uniform. He shrugged the matter off with an originating summons, not court order.

    This is probably the most needless controversy since President Muhammadu Buhari assumed office. Neither Mr Ali nor those who support his defiance, nor yet those who groan at his insubordination, can explain why he wilfully and unwisely chose to get embroiled in an unprofitable controversy. No one has yet adduced cogent reasons to show that Mr Ali would be undone by wearing a uniform, or that his reputation would be injured, or that he would lose face in any way. There is of course no law or constitutional provision to compel Mr Ali to wear customs uniform before the senate. But there is no law or provision to bar him from wearing one either. Somehow, he and his supporters and many other incoherent polemicists in government have formed the opinion that since a uniform was irrelevant to the subject of retroactive payment of customs duties, then the senate had exceeded its brief.

    But rather than honour the Wednesday date, Mr Ali took refuge in the law through an obviously contrived petition by a certain Mohammed Ibrahim, a legal practitioner. In the petition, Mr Ibrahim is asking the Federal High Court Abuja to restrain the senate from compelling the CG from appearing before the lawmakers in uniform. He also wants the court to declare that its oversight functions does not include compelling the CG to appear in uniform because the law does not mandate him to wear one. Seizing upon the filing of the case in court, for the case was yet to be assigned, not to talk of the court issuing an order, the meddlesome Attorney General of the Federation (AGF) wrote a letter to the senate drawing their attention to the case and asking them to stay action.

    Hear the AGF to the senate: “I wish to formally intimate you that I am in receipt of a letter dated 20th, March, 2017 wherein I have been served with an originating summons in respect of the above subject matter (CG Ali and customs uniform). The originating summons is seeking among other declarations ‘whether the oversight functions of the National Assembly extends to compelling and/or giving directive to the first defendant to wear uniform’. In line with the principles of rule of law, court decisions or most importantly, the declarations sought have been deeply rooted in the constitutional provisions; I hold the view that this matter is sub judice… it is the interest of justice and rule of law to stay all actions in this case until the constitutional issues raised in the matters are resolved by the law courts. I wish to further intimate you that as a defendant in the said suit, I intend to file processes and pursue it to a logical conclusion.”

    Based on the busybody Mr Ibrahim’s case and the strange and fatuous reasoning of the AGF, Mr Ali has written the senate to tell them he would not be honouring their invitation. If it is not already clear to the ordinary Nigerian that the Buhari presidency is in the horrifying grip of anti-democrats who have no semblance of patriotism and nationalism left in them, the trivial customs uniform case should disabuse their minds. The AGF who talks so mendaciously of the rule of law has, however, not thought it fit to involve himself in the unambiguous case of the presidency’s defiance of court judgements in both the Ibrahim El-Zakzaky and Ibrahim Dasuki cases. But he has eagerly and inexplicably jumped into the customs uniform case, thereby confirming the suspicion that a cabal has indeed seized control of the presidency.

    It does not now matter whether the senate is right or wrong to order Mr Ali to wear customs uniform. Here are the takeaways: first, whether any court before it sits can ask the National Assembly not to do its work; and, second, whether the mere act of filing a case without the court sitting and issuing a restraining order is enough to compel the senate to hold action. So, by what legal contrivance was the AGF asking the senate to hold its peace? This beats the imagination. If democracy will be destroyed, it will not be because lawmakers sometimes indulge their frivolities, as objectionable as this might be, but because key members of the executive arm fail to appreciate the weighty political responsibility thrust on their puny shoulders.

  • Kashamu: Litmus test for rule of law

    Kashamu: Litmus test for rule of law

    have never been an admirer of Senator Buruji Kashamu. His long-drawn travails over drug trafficking allegations cum extradition war waged against him by the government of the United States of America have somewhat made an unjust judge out of me; a judge who, at the mere sight of headlines relating to the case, instantly passes a silent verdict of guilt on the Ijebu-born business guru.
    But, the current round of altercations over the culpability or otherwise of the controversial multi-millionaire seems to have purged me of the error of subjectivity, which, I am convinced, multitudes of my compatriots are wont to commit purely as a function of socio-economic and political ideological differences.
    What endeared me to a painstaking reading of the lengthy press statement of the senator, titled US Court Ruling: I have no case to answer, published in The Punch (pp.32-33) edition of January 31 was, perhaps, a deeply-rooted instinct to garner further damaging facts against the man. But, the narratives of the statement actually turned out a chronology of facts or, at least, acclaimed historical facts about the transcontinental case which only imposes the task of simple verification on the Nigerian authorities and every other corporate or individual stakeholder for final resolution. In other words, Kashamu’s pictorial account is an open challenge to the federal government, particularly the Nigeria Drug Law Enforcement Agency (NDLEA) and other law enforcement agencies. It necessitates the simple responsibility of contacting the British judiciary to enquire whether it is indeed true that previous attempts to get Kashamu extradited to the US were judicially knocked out, by an English High Court, on the ground of mistaken identity.
    Even an outright request by the US authorities for the extradition of the senator, under the present circumstance, cannot logically warrant steps aimed at automatic enforcement by the Nigerian authorities.
    In the first place, the existence of legal cooperation partnership between Nigeria and the US does not and can never erase the fact that our country is a sovereign nation and equal partner under such agreements. It is noteworthy that the UK judicial proceedings, occasioned by the US extradition request, were a manifestation of the due process that fundamentally protected more of that nation’s sanctity than the interests of a foreigner on its soil. Obviously, the request would not have emanated if legal partnership, reminiscent of the US-Nigeria relations, never existed between the US and UK.
    In effect, overzealous actions by Nigerian agencies would come with far-reaching damaging effects, more on the nation and its sovereign status as well as its socio-economic and political interests than on her citizen targeted by such actions. What would be overzealous in this instance will be a similitude of the last attempt by the NDLEA to comply, hook, line and sinker, with a supposed extradition directive from the US, probably better referred to as Big Brother US, without attempting to subject it to any internal due process of the law, unlike in the British case.
    Still, the direction of due process, at this stage of the matter, has been initiated by the senator himself. Having claimed that the English High Court of Justice, Queens Bench Division, in year 2000, has nullified the extradition request on the ground that it emanated from an identity error, logical reasoning demands that NDLEA, on the strength of the strong affinity between the Nigerian legal system and that of the UK, proceed, through the Office of the Attorney General, to relate with the UK authorities on the case. Such a procedure would simply align with the strategy adopted by Abuja in trashing the Halliburton allegation leveled against Hajia Aisha Buhari, the wife of the President, by Governor Ayodele Fayose of Ekiti State. Co-incidentally, Fayose’s accusation turned out a case of mistaken identity heralded by name similarity, as a result of a well publicized formal confirmation request by the Nigerian authorities, from their US counterparts.
    Meanwhile, the latest US court ruling that re-incarnated the Kashamu brouhaha is never an explicit extradition request, rather it is mere nullification of the claim of the plaintiff, Senator Kashamu himself, that the 2015 attempt to arrest and transfer him to the US by the NDLEA, in collaboration with some US agents, was an abduction attempt. In other words, the court held it was indeed an extradition attempt, not abduction. Nevertheless, it never proceeded to issue a fresh order.
    Even if it did, the question remains whether Nigeria, a supposedly independent nation is bound to unquestionably obey without initially sifting the chaffs from the grains.
    Let me now relate the case to our cherished national interest. At this crucial stage of our international relations history, particularly in relation to the entirely new Donald Trump’s US, the imperatives of relating with the supposed God’s own Country from the position of strength have, within the short period of Trump’s ascension into the most exalted office in the world, become a loud music, blaring forth the mouths of globally respected foreign affairs experts into the ears of Nigerian authorities. If anything is sure, judging by the globally understood psychology and predilections of the current xenophobic leader of the US, an unquestioning compliance in respect of any US extradition order, regarding any Nigerian, not just Kashamu, would earn Nigeria nothing but a White House comical laughter and scorn. For a new President whose initial utmost priority lies in replacing inter-racial bridges with divisive fences, extradition compliance, at this point, would be scorned as a desperate action by Nigeria to curry his favour.
    The recently published England experience of our Vice President, Professor Yemi Osibajo depicts some great depth of extant negative international perception of Nigeria, which manifested in an open insult heaped on our nation, particularly our judicial system, by an English judge in an open UK court. Surely, to firmly respect, uphold and implement our own laws without sacrificing the welfare and interests of the least significant citizen would go a long way in strengthening our worth in the international circle.
    Interestingly, one cannot but find the simultaneous refusal of the US authorities to appeal the UK judgment on Kashamu and their insistence, so far, on his extradition baffling. Is it then not plausible to infer that the supposed fountain of rule of law is trying to get what they failed to achieve legally through the backdoor, probably taking advantage of our seemingly porous willpower and system as a country?
    On the whole, the ultimate position taken by the current Nigerian administration of Muhammadu Buhari in the whole Kashamu saga that actually predated its inauguration would tell the world how objective is its rule of law pretensions.

    •Olonade is a Lagos-based public affairs analyst.

  • Obaseki restates commitment to rule of law

    Edo State Governor Godwin Obaseki has restated his administration’s commitment to rule of law.

    He said to encourage investments and promote security, his government would be committed to rule of law.

    The governor, who spoke yesterday at the Government House, Benin City, when he received the executive members of Judiciary Staff Union of Nigeria (JUSUN), cited rule of law as a pre-condition for investment. He said: “The rule of law is important that if I cannot enforce contracts, if I do not feel safe in an environment and if my property will not be protected, I will not invest in that area.”

    Obaseki said as a banker, he knew the importance of the rule of law.

    He said his administration would embrace it to woo investors and create jobs for youths.

    “If you have listened to our pronouncements as a government, one of the cardinal focuses of this administration is that we want to increase the amount of economic activities so that we can create jobs and empower youths,” the governor said.

    He noted that this was only achievable if everyone acknowledged the rule of law, which was important, to achieve his government’s vision.

    Obaseki added: “It is in our interest as a government to ensure we strengthen the judiciary. We will be the biggest beneficiaries if we have rule of law in place.

    “You may have noticed in our budget proposal to the House of Assembly that we increased the amount of capital expenditure to the judiciary by almost 600 per cent. I assure you that ours is an administration that understands that if we don’t strengthen judiciary, it will be at our peril.”

    He urged the judicial officers to uphold the rule of law, assuring them of government’s support.

    His words: “I assure you that this administration has an open mind.”

    JUSUN’s National President Marwan Mustapha Adamu congratulated Obaseki on his success at the governorship election.

    He said their visit was to ensure harmony between the judiciary and executive.

    Adamu said industrial crisis had been brewing since 2014 because of a court judgment delivered in favour of JUSUN against the Federal Government and the 36 states regarding financial autonomy and independence of judiciary.

    He added: “After the judgment, we embarked on a strike for about eight months. I believe because of communication gap, the problem persisted, especially in Edo State, with no-work-no-pay. We believe in the Obaseki administration, hence this visit.”

  • No democracy without rule of law, says Wabba

    No democracy without rule of law, says Wabba

    Tony Akowe recently met with Ayuba Wabba, president, Nigeria Labour Congress (NLC). In this encounter the NLC helmsman talks about democracy, fuel price and other issues.

    THERE have been reports of a possible increase in the pump price of petroleum products. The argument is that government should resume payment of subsidy because of the increase in the exchange rate. I remember that you have continued to argue that there is no subsidy. What is your take on this?

    If you remember our argument when the issue of either removal of subsidy or hike in oil price came up a few months ago, we made our points very clear that the foundation of the policy is faulty because if the premise for increasing the price is because of international price of crude oil or the exchange rate of naira to the dollar, then this cycle will be very vicious and it is not likely that we are going to get out of it. We embarked on the action we took then to make the point that when Nigerians come to revisit the issue, we refer them to the position. We have taken. I am very happy that today, we are being vindicated. The position we took and argued is very valid and has come to pass. We have provided a platform for Nigerians to argue the issue so that we know who is right and who is wrong. So, today, I am extremely happy because we said so and nobody gave us the opportunity. Even some Nigerians thought it was a quick fix. What has happened is that, instead of addressing the inherent corruption in the system, what was done was to transfer the corruption to the public to pay the price through price increase. But the inherent corruption in the system, including interrogating the template that is being used and what charges are put together to arrive at the pump price has not been interrogated. These are the points that we have made severally. We have also made the point that until when there is a proper process of cleaning up the process of even fixing the price and the process shrouded with the issue of importation if petroleum product, we are not likely to get out of this quagmire.

    One of the issues on which the last strike was suspended was the constitution of the board of Petroleum Products Pricing Regulatory Agency….(cuts in)

    I don’t think NLC has signed any agreement. Other parties have signed agreement and you can go and cross check it. Let me emphasise that NLC did not sign any valid agreement. The issue of PPPRA is statutory and anything outside that is illegal. There is no issue about the constitution of the board. We only demanded that the board be constituted. The information I have is that the PPPRA board has not been constituted. I am aware that the board is made up of 26 institutional members. I am aware that letters have gone out for those institutions to make nominations and that the nominations have been made. I am also aware that those persons have been invited for some kind of screening. But I am not aware that the board has been constituted and they have started doing their job. We are the first organization to demand the board of PPPRA is very important and central to the issue of inherent corruption in fixing the price and we demanded that it be put in place. We also informed the present government that the non-constitution of the board provides a window for manipulation. This is the stage we are. I am not too sure that the board has been constituted. That is part of the lacuna because if they had been in place, I am sure this periodic review of the template used would have been taken into consideration. That does not also take away the argument that the premise on which the fixing of the price is based is the price of oil in the international market, a product which we are blessed with. What is the benefit of having the product on our land if we are going to be suffering the same fate with those who don’t have. Our argument has been that you must be able to protect the interest of the Nigerian consumers by making sure that they don’t suffer the same fate with what others suffer by refining products domestically. This has not been made possible not because it cannot be done. This issue of lack of exchange rate for importation that has held us by the jugular is also corruption because at the end of the day, they will remove large amount of dollars for importation and yet people won’t benefit from this. The round tripping of dollar is continuing. People sleep in the comfort of their rooms and make billions because of this issue of exchange rate. Government can address this. In the oil producing communities, Nigerians are building smaller refineries which we are destroying. We can empower these people by licensing and regulating them. They will create the jobs and the market will be saturated with the product and the idea of going round in a circle would have been eliminated.

    President Muhammadu Buhari’s request to borrow about $29 billion to finance key infrastructure has just been turned down by the senate. How do you react to this?

    The idea of borrowing to build infrastructure around the world is not a bad idea. But the issue is accountability and transparency. All over the world infrastructures are needed. In the case of Nigeria, one critical infrastructure that will drive development is power. Once we don’t get stable power supply for industries, motivate small and medium scale enterprises, we cannot actually arrive. Therefore, it is important that we build infrastructure. There are two models by which we can build infrastructures and I will give you the Ethiopian model. We can open it to the public so that people can buy shares in the building of those infrastructures. But people can have confidence if we have a transparent system because nobody will put his money in a corrupt system. That is what helped Ethiopia. Some civil servants paid two months of their salaries and through that, they generated $10 billion to build infrastructure of power and they are going to export power. That is a success story in that country and because of that success of Ethiopian Airways which is one of the best examples around the world now. They are the first country in Africa to build an electric train. Things are working because of the transparent system. The fear of Nigerians is not collecting the loan, but what happens if it is misapplied or misappropriated because in the past, people have borrowed money. Part of the ‘Dasuki gate’ is money borrowed to fund infrastructure, but at the end of the day, it ended up being shared. The issue is not whether it is good to borrow or not. Whatever borrowing we are going to do let us not borrow to eat or to service other areas, let it be dedicated to the issue of railway and power. But we can use what we generate locally to build roads.

    The government plans to bring back toll gates. What is the position of congress regarding this?

    The toll gates were done away with not because of the logic of not providing some leverage or provide funds to maintain our roads. It was because it was not managed well. I will however not support the privatisation. What I will support is having a transparent system and technology. There is a technology that you can put in place to monitor every vehicle that passes through and because of paucity of funds, let the fund go directly to government account and be judiciously utilized. In fact, you can buy card and as you are passing by, you flash the card and you go through. Every vehicle passing through can be accounted for. Corruption will be eliminated and it will be a money spinning venture for government to maintain our roads. If you imagine the number of vehicles plying Lagos/Ibadan expressway daily, it is unimaginable. So, leaving it in the hands of a few will make them rich over night. We have done that to our ports and we know what they are generating.

    Congress has been silent on the invasion of residences of judges by the DSS. Why the long silence?

    We have not been silent. On the issue of corruption, we have not been silent. We have said that everything must be within the confines of the law. We are the first institution to lead a national rally against corruption and good governance. Our own is that it must be predicated on the rule of law, no matter who is affected. We have been very consistent on this.

    Leaders of the governing APC believe that the rule of law has not helped in the fight against corruption, explaining that sticking to the rule of law will not achieve anything for the country.

    The foundation of democracy anywhere in the world is the rule of law. If it is survival of the fittest, many of us won’t survive it. It can be too slow sometimes, but if you remember, during our rally, we recommended some amendments. In our constitution, you are presumed innocent until proven guilty. In other spheres, it is not like that. The onus of proof is on you. But in our country, the law protects you. These are the inherent challenges in the system which we brought out in writing and send to the President, informing him that until we change these laws, we may not be able to achieve the desired result.

    So, we must follow the rule of law. I don’t know what their laws said. But the public service rules says once a prima facie case has been established against a public officer, he is prohibited from carrying out any duty. That is why we emphasise the rule of law and you must understand the context of our argument. We cannot also follow people that are not informed, but must always be guided by what is right and what is true.

  • Rule of law as society’s foundation

    Rule of law as society’s foundation

    Text of the Dignity of Man lecture by the Chief Judge of Anambra State, Justice Peter N. C. Umeadi during the Alumni’ Day of the Founder’s Day celebration of the University of Nigeria (UNN). Nsukka.

    • Continued from last week

    Section 21 of Edict No. S of 1967 states: “No defect whatsoever in anything done by any person with a view to the listing of, or otherwise in relation to any inquiry under that Decree and this Edict, shall effect the validity of the ngs so done or any proceedings finding, order, decision or other act whatsoever of any person, the tribunal or the special tribunal and In particular, no action or proceedings in the nature of quo warranto, certiorari, mandamus, prohibition, injunction or declaration or in any form whatsoever against or in respect of any such thing proceeding, finding order, decision or other act, as the case may be shall be entertained in any court of law”. Section 2 (1) of Decree 4S of 1968 reads as follows “2 (1):

    For the avoidance of doubt it is hereby declared that the validity of any order notice or document made or given or our purported to be made or given or of any other thing whatsoever done or purported to be done under the provisions of any enactment of law repealed as mentioned in subsection

    (1) of Section 1 of this Decree or the circumstances under which the same has been so made, given or done, shall not be inquired into in any court of

    law and accordingly nothing in the provisions of Chapter III of the Constitution of Federation shall apply in relation to any matter arising from the Decree or from any enactment or other law repealed as aforesaid.”

    The Judiciary in Nigeria is populated with jurists of calibre, pedigree, honesty, forthrightness, courage and many sterling qualities. The Election Tribunal of which I was a member heard the Petition No. EDGV/EPT/l/07, Comrade Adams Aliyu Oshiomohole & Anor. V INEC & 2 Ors.

    On Thursday, March 28, 2008, I had the privilege, while delivering the unanimous judgment, to refer to the Judiciary in Nigeria as follows: “On our part, we, with humility, shall repeat the words of Sir Isaac Newton and say that we are standing on the shoulders of giants, giants of the Nigerian Judiciary, which have afforded us all the judicial precedents we have used”.

    The Judiciary in Nigeria has continued to knock down unconstitutional laws and actions. See AG Abia State V AG Federation (2006) 16 NVVLR pt. 1005 @ page 265; AG Ondo V. AG Federation (2002) 9 NWLR pt. 772 @ page 222 AG Bendel State V. AG Federation 1983 1 SCNLR 239 and Jombo V. PEFMB (2005) 14 NWLR pt 945 @ page 423. A search on LawPavilion website shows that the Supreme Court alone pronounced on issues of Rule of Law in 2760 cases.

    I respectfully recommend that the three arms of government in Nigeria ought to go back and read this Lakanm’s case Judgment.

    The Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices Commission (ICPC), the Nigeria Police, the Presidential Advisory Committee Against Corruption, the Nigeria Bar Association and, indeed, all the distinguished personages in this hall, ought to read this judgment again. It was about fighting corruption and the Supreme Court took sides with the Rule of Law, which translates to justice according to law. The Rule of Law connotes observation of rules. It could not function without civility. Law enforcers often get impatient and sometimes frustrated with what they term the slow pace of bringing those who have been charged with crime to justice. The hexameter first issued by an unknown poet, then quoted by Sextus Empiricus and then by Plutarch would suffice as follows “The millstones of the gods, grind late, but they grind fine”.

    Now, having shown what the rule of law is and establishing that the courts In Nigeria are willing and able to defend and apply its principles let us fathom the relationship between the rule of law and the development of nations. At this juncture the explanation from the Law Teacher on the web IS helpful and run thus “The rule of law does not have a fixed and precise definition and its meaning can be different between nations, legal traditions and people from all kinds of life styles”. As the title given to me suggests, I would also answer positively that the rule of law could and does lead to the development of a nation. Listen again to portion of the judgment of the Supreme Court In Lakanmi’s case inter alia, “‘we are in no doubt that object of the Federal Military Government, when it engaged in this exercise is to dean up a section of the society which had engaged itself in corrupt practices – those vampires in the society whose occupation was to enrich themselves at the expense of the country. But if, in this pursuit the Government, however well-meaning, fell into the error of passing legislation which specifically in effect, passed judgment and inflicted punishment or in other words eroded the jurisdiction of the courts, in a manner that the dignity and freedom of the individual, once assured, are taken away, the courts must Intervene. Every case we reiterate, must be considered on its own facts and the materials placed before us In this matter lead to no other conclusion than that the provisions of the Deer NO. 45 of 1968 are such as are not reasonably necessary to achieve the purpose which the Federal Military Government set out to fulfill.

    This appeal will, therefore, be allowed and both the Edict No.5 of 1967 and the Decree No. 45 of 1968 are declared ultra vires; they are null and void”. Let us always bring to mind the situation in Nigeria in 1969 when this matter came to the Supreme Court up till 1970 when the judgment was delivered.

    The rule of law is a cornerstone of democratic societies. It becomes focal therefore that the many facets of the rule of law form essential components of sustainable development in communities where it is given the pride of place.

  • Rule of law as society’s foundation

    Text of the Dignity of Man lecture by the Chief Judge of Anambra State, Justice Peter N. C. Umeadi during the Alumni’ Day of the Founder’s Day celebration of the University of Nigeria (UNN) Nsukka

    •Continued from last week

    Inter alia, “This is the premier Law Faculty in Nigeria established In 1961 (15 part of the University’s vision to restore the dignity of man by educating him on rights and duties in society”. The emergence of the Faculty of Law at the Enugu Campus of University of Nigeria with the acronym of UNEC heralded the opening of many such law faculties across Nigeria  universities. of Lagos/Ahmadu Bello and Obafemi Awolowo, all in 1962.

    When I was sworn in as a Judge of Anambra State in 1997, I met my Law of Equity Professor on the bench. I shared time with Justice S. M. B. lbeziako. In his retirement he would be drafted back to the classrooms.

    He went to Madonna University Okija where he assisted to build up the Faculty of Law as Dean and full-time teacher. He would tell me how the great Dr. Zik and Sir Ahmadu Bello, the Premier of Northern Nigeria and the Sarduana of Sokoto enjoyed a close friendship.

    The Sarduana, a visionary leader, prevailed on the great Dr. Zik to allow Justice Ibeziako to come to Zaria and use the same links to also establish the Faculty of Law at Zaria. Justice Ibeziako told me of his many trips and meetings with the Sarduana to accomplish that assignment.

    Wikipedia puts it that the Rule of Law is the legal principle that  should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials. Lexis Nexis says the Rule of Law in its most basic form is the principle that no one is above the law. It is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader or by mob rule. Thus the Rule of Law is hostile both to dictatorship and to anarchy. Plato and Aristotle approved the Rule of Law,The Magna Carta of 1215 pointed to the irreversible way to go. Article 39 therein read as follows “No free man shall be taken or imprisoned or diseased or exiled or in any way destroyed, nor will we go upon him nor send upon him except by the lawful judgment of his peers or by the law of the land”, In modern times Albert Venn ‘A.V’ Dicey KC, a British jurist and Constitutional theorist, and Vinerian Professor of English Law at Oxford, it was who popularised the phrase Rule of Law. He established the three principles as follows (1) the absolute supremacy or predominance of the regular law as opposed to the influence of arbitrary power (2) equality before the law or equal subjection of all classes to the: ordinary law of the land administered by the ordinary courts and (3) the law of the Constitution as a consequence of the rights of individuals as defined and enforced by the courts”.

    The courts translate to the Judiciary. The Judiciary in Nigeria has exhibited exceeding understanding of the jurisprudence of the Rule of Law.

    In the beginning all of our legal practitioners trained in the Commonwealth especially Great Britain. Later many would attend universities in the United States of America and Continental Europe. In 1962 the Federal Government established the Nigerian Law School, which up till today, has a curriculum which provides the Nigerian law content for students with law degrees from foreign universities. In all the time, when the first Nigerian legal practitioners, arrived with their golden fleece to Colonial Nigeria, the members of the profession have set a mark which is widely acclaimed and resonates with genuine respect the world over. It is in this light that we should appreciate the Judiciary in Nigeria.

    Our Judiciary have exhibited patriotism, erudition, lucidity, candour, and courage, in their work. Our Judiciary has kept in full view the expectations of prosperity, safety, well being, the respectability and dignity of our citizens. The work of our Judiciary are embedded in the respect and observance of the immutable, inevitable, inscrutable adherence and acquiescence and upholding of the Rule of Law. Suit No. SC/58/69 (1) E.  O. Lakanmi (2) Kikelomo Ola (by her guardian and next friend E. O.  Lakanmi) versus (1) The Attorney-General (west) (2) The Secretary to  Tribunal (3) The Counsel to the Tribunal; came up to the Supreme Court of Nigeria in 1969. I think of this as one monumental work, relevant to the  topic of today which stand in good credit to the Nigerian Judiciary. The appellant was represented by Chief F. R. A. Williams assisted by K. A. Doherty Miss. For the Respondents, Dr. F. A. Ajayi, Attorney-General,  Western State, assisted by Y. O. Adio, Principal State Counsel and S. A.  Onadele, state Counsel appeared. My Lord, Hon. Justice Adetokunbo Ademota, Chief Justice of Nigeria (CJN), delivered the judgment of the court, which panel constituted of Hon. Justice Ian Lewis, Hon. Justice Charles Olusoji Madarikan, and Hon. Justice Udo Udoma, Justices of the Supreme  Court, on Friday, Apri1 24, 1970. In unraveling the matrix of the  facts, the Supreme Court of Nigeria, exhibited uncommon commitment to work and dexterity when it elected, on its own, to delve into issues which arose in the matter but which the courts below did not deal with.

    In the final analysis, the Supreme Court invoked its powers not to remit the matter “for hearing to the Court of Appeal but ended the suit’’, allowing the appeal and declaring both Edict No. 5 of 1967 and the Decree 45 of 1968 ultra vires, null and void. Let me set out kindred issues which appeared in both Edict No.5 of 1967 and Decree 45 of 1968 for ease of reference.

  • Rule of law as society’s foundation

    Rule of law as society’s foundation

    Text of the 2016 Dignity of Man lecture by the Chief Judge of Anambra State, Justice Peter N. C. Umeadi on the alumni’ day of the founder’s day celebration of the University of Nigeria (UNN) Nsukka

    Our alma mater, the University of Nigeria, Nsukka, was founded in 1955 by Dr. Nnamdi Azikiwe, 1st President of the Senate of Nigeria, 3rd Governor of Nigeria, 1st President of the Federal Republic of Nigeria,  Zik of Africa,  Owelle Onitsha and was officially opened on 7th of October 1960.  ‘ After he became the President of the Federal Republic of Nigeria in 1963, the great Zik returned on 15th May 1964 under the auspices of Nigeria Political Science Association and gave one of his many lectures at the Princes Alexandria Hall, Nsukka.  I privileged and feel happy indeed to be invited to deliver the 8th Dignity of Man Lecture on the Alumni’s Day of the Founders Day Activities 2016 at Princess Alexandria Hall, University of Nigeria, Nsukka.

    While attending the Law School at this citadel of learning at the Enugu Campus we came to know that the Federal Government of Nigeria did not sponsor law students in the pursuit of their learning the Federal Government had generous scholarship programmes in all other disciplines not in law. It was the East Central State Government of Nigeria which later set up a programme to grant bursary awards to assist students pursuing law as a course of study. The Federal Government of Nigeria it – seemed was following in the footsteps of the Colonial Government who also in their time generously assisted students in Administration and the Sciences but could not contemplate any help for those who wanted to be lawyers.

    Our colonial masters were British and they had a highly stratified society where background determines how a child turns out in life. They would find disagreeable, anyone who struggled to improve his circumstance from that into which he was born. They would refer to such

    exertion as social climbing. The sons of butlers were expected to be better butlers and so on. There would be a conscious effort to train their own people to end up working in the multi-chain stores laden with mind- boggling fabulous goods, and in their factories and technology craft yards.

    It was your family name and background that decided how you fared not how much marks you made in class. This stratification had spurned many devastating riots in their society but they do not look like letting go.

    The sons of lawyers were expected to head for law schools. Even those admitted to read law were further segregated depending on the law school one could attend. Such that it was said that one lawyer who trains from the regular schools could make a brilliant comment before a court which is largely ignored. The same submissions coming from a lawyer who trainedat Cambridge or Oxford were instantly celebrated. Invariably the Judge would have come from either Cambridge or Oxford himself. Essentially, we could not expect our colonial masters to spend their money to train the sons of the natives in the study of law only for them to return to ma-c “trouble” for them. They knew better and invested heavily in the type of manpower they needed. The Federal Government of Nigeria inherited that lacuna, perhaps unwittingly, and the intending law students had to look for sponsorship elsewhere. It would take a long time for students offering all courses to enjoy Federal Government assistance. Back home the first Nigerian University opened its doors at University of Ibadan in 1948. It has indeed an ivory tower as any could be the world over. U.l. as it is fondly called, has produced a veritable list of accomplished academicians and men and women in their chosen fields of study. Again the study of law was not contemplated. Its Department of Law was carved out from the Faculty of the Social Sciences in 1981. More like an afterthought which occurred thirty three (33no.) years after the University was founded. 1 hat

    Department of t.aw was accredited by the Council of Legal Education In 1984. The Faculty of Law of the University of Nigeria has a webs.tc on which the Dean of Law, Professor Chukwunonso Okafo, PhD, a proud alumnus and long-standing member of the Faculty said In his statement.

     

    • To be continued

  • Rule of law for only a few?

    SIR: In 2005 a low-key legislator, Democrat and congressman William J. Jefferson came into public view when the FBI raided his residence and found $90,000 cash wrapped in foil and stashed in his freezer. Investigators believed “the money, obtained from an FBI informant, was intended to bribe the then-vice president of Nigeria to secure his help with a telecommunications venture”. After further investigations that cleared the FBI of any wrongdoing in the bust, Jefferson was convicted and sentenced to 13 years in prison.

    The American justice system, from 1904 to date, has prosecuted and convicted almost 50 federal officials in corruption related offenses.

    Justice demands that when a crime is committed, the system should follow the appropriate trajectory needed to avoid recidivism. A justice system is supposed to be grounded in the values of truth and fairness, and should ensure that everyone is treated in an appropriate manner if caught on the other side of the law.

    Unfortunately, this is yet to happen in Nigeria and may not happen any time soon. When it comes to our justice system a number of factors come into play.

    Firstly, there is a justice that impacts the poor and justice for the rich and prominent personalities.

    Secondly, justice is for sale. We have witnessed, many a time, how corrupt public servants purchase their way to freedom and, sooner or later, form part of successive governments.

    In fact, under the existing order, all a delinquent political office holder with bags of money needs to be free is access to a high powered counsel who knows how to manipulate the system.

    Some days ago, the Department of Security Service (DSS) raided residences of some allegedly corrupt judges. Monies recovered included N93.6million, $530,087, £25,970 and €5,680.

    But then, emerging public opinions, following the “sting operation”, have been conflicting. People from all works of life have critiqued the raids with mixed reactions. A Senator openly described DSS’s action as “absolutely wrong and unacceptable.” The Nigerian Bar Association (NBA) took it further by declaration a state of emergency in the judiciary. Perhaps the most common argument against the raid, astonishingly, is that “the Judiciary is independent and President Muhammadu Buhari has turned the DSS into a political retribution machine”.

    I find these detours we often create around reasoning absolutely diverting. We seem to have, for the most part of this sequence of events, missed two very important observations.

    First, what are our judges doing with such colossal amount of cash hidden in their house? Second, how did they come across such kind of money?

    I am having a tough time understanding why all we choose to complain about, with regards to alleged corruption on the bench, is the principle of rule of law. This, in my view, is contrary to logic, intuition and common sense.

    Whatever the case, there is something so terribly wrong with a society where a poor citizen caught stealing can spend years in jail, while “authority thieves” are defended and  supported in the manner we are becoming accustomed to. This is an extreme and unjust practice that grossly undermines the values of our image as a nation and is a clear sign of a disconcerted democracy. I do not think that anybody who wants our incipient democracy to survive should buy into this red herring of “Judges are untouchable”.

    Even more, the rule of law, which includes the principles of Supremacy of the Law, Equality before the law and Individual Rights, theorizes that everyone in a country is equal before the law. Similarly, section 1.(1) of the 1999 constitution (as amended) affirms that our “Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.”

    Whether we admit or not, the judiciary and its entities are accountable under the law. Why should corrupt public officers receive little or no punishment for egregious crimes while the poor receive harsh punishment for much less?

     

    • David Dimas,

    Laurel, Maryland, U.S.A

  • Ambode: Lagos committed to rule of law, justice

    Ambode: Lagos committed to rule of law, justice

    •New legal year begins with religious services

    Lagos State Governor Akinwunmi Ambode yesterday restated his administration’s commitment to the rule of law.

    Describing the judiciary as the citizens’ last hope, he vowed to carry out judicial reforms.

    He spoke at the Cathedral Church of Christ during a special service to mark the 2016/2017 Legal Year.

    At the service were former chief judges of Lagos, including Justice Ayotunde Phillips, retired judges, magistrates, judicial workers, Senior Advocates of Nigeria (SANs) and other lawyers, who turned out in their ceremonial attires.

    A Muslim service was held at the Lagos Central Mosque, where the head, Department of Religions and Peace Studies, Lagos State University, Ojo, Prof. Lateef Adetona, delivered a lecture.

    Ambode said: “The judiciary remains the only and the last hope of the citizens in Lagos State.

    “Our administration is determined to enthrone the rule of law and protect the less-privileged in our society, and that is why we’ve laid so much emphasis on judicial sector reforms, and we believe strongly that this we can also do together.

    “I just want to urge all in the judicial sector that we should discharge our duties with the fear of God.

    “In this new legal year, let just innovate and reform, so that the Lagos State judiciary continues to retain its pride of place in Nigeria.”

    The governor said the Executive would continue to work harmoniously with the judiciary for the state’s good.

    The Lord Bishop of Lagos Mainland, Rev. Akinpelu Johnson, said judges had a divine mandate, which, according to him, is to do justice without fear or favour.

    The scriptures, he said, specified that only capable people, who fear God and hate dishonesty, should be appointed judges.

    He urged the judges to always do justice and ensure  it is seen to have been done.

    At the Lagos Central Mosque, Adetona, who spoke in English, advised judges to be wary of receiving gifts from members of the society, emphasising that such gifts can impact negatively on them in the course of dispensing justice.

    Rather, he admonished them to dispense justice with the fear of Allah, which commands believers to see one another as equals even when their family is involved.

    Prof. Adetona, who spoke on “Islam and Dispensation of Justice”, said: “Judges should restrain themselves from ungodly things that are vicious and unholy”.

    He stressed that they “must stand out wherever, and in whatever condition they find themselves”.

    The Islamic scholar, who quoted extensively from the Qura’n, berated judges, who were tyrannical in their judgment for selfish reasons.

    “Judges are three: two will be in hell and one will be in paradise. The judge who knows the truth and give judgment contrary to it will be in hell.  The judge whose judgment is based upon ignorance will be in hell.  But the judge, who knows the truth and give judgment in accordance with it will be in paradise,” the don said.

    The Imam, Shitta-Bey Central Mosque, who delivered his sermon in Yoruba, Ustaz Habibillahi Taofiq, counselled government to allow judges unfettered hands in adjudicating matters brought before them.

    The Chief Imam of Lagos State, Alhaji Mohammed Akinola, who led the special dua (supplication), prayed Allah to give judges wisdom with which to adjudicate and deliver judgment truthfully and without fear or favour.