Tag: SAN

Dean of the Faculty of Law, University of Lagos (UNILAG), Prof. Abiola Sanni (SAN), has called for a new constitution that makes the provisions of Chapter 2 justiceable.

He said the chapter provides a pathway to prosperity and security, but the government is not bound to comply.

“Instead of decorating the Constitution with Chapter 2, let us be realistic and decide areas of intervention, focus on it, budget for it and move the needle in that regard by enacting appropriate laws,” he said.

Sanni delivered the lecture at the Nigerian Bar Association (NBA) Lagos Branch 2024 Annual Dinner, tagged: “Eko for show: Culture of Excellence.”

The event, which was held at the Oriental Hotel on Victoria Island, saw lawyers turn out in various traditional attires on a colourful night.

It began with a red carpet and cocktail and featured a live band, spoken word performance, awards for most creative expressions of the theme, and honours for distinguished members.

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It ended with an after-party.

Sanni stressed the need for power devolution and local government reforms to bring development closer to the people.

He said: “The Supreme Court is intervening, but that is a slow approach.

“We need a leadership that will focus on fixing the fundamentals.

“There are documents from confabs gathering dust. Money was spent on them.

“We should pick them again and run with them.”

Sanni said Nigeria borrowed its Constitution from India, but unlike Nigeria, India is lifting its citizens out of poverty.

“In Nigeria, we’re still talking and sloganeering about it but we’re not doing enough.

“So, we must prioritise poverty alleviation. Nigeria must look after the weakest, those who are vulnerable,” the SAN said.

Sanni added that the constitution must address what he called the missing link – the disconnect of government at the grassroots.

“Even when we fix everything at the top, and the bottom is leaking in terms of local governance, we’ll never see development.

“In a country where everything is centralised, where the tax system is not working at the local level, what effort has been made to fix them? It was since 1976 that we attempted a local government reform.

“The Supreme Court judgment on council autonomy will amount to nothing if we don’t back it up with reform that will enable people to see development in their lifetime.

“We need technocrats at the local government level, not politicians, and for the people to have a say on who leads them.”

Sanni urged lawyers to be actively involved in shaping policies rather than being reactionary.

He said: “Lawyers should engage proactively with policies when policies are incubating and not wait until they ripe and mature and become law before we engage.

“Tax reform is ongoing. We should look at the legislation and let our voices be heard.”

NBA Lagos Branch Chairman Olabisi Makanjuola, who hosted his final dinner, said it was a privilege to lead the premier Bar since he was sworn in on July 23, 2023.

He highlighted his key achievements, including an agreement with Uber to provide discounted ride rates for members; international secondments, which will see members gain experience in UK law firms, and several welfare initiatives.

The chairman said the dream to build a Bar centre was becoming a reality, as a SAN had pledged N50 million, while the Branch’s investments in treasury bills will yield N40million by next year.

Twenty-seven members of the branch, including those newly conferred with the rank of Senior Advocate of Nigeria (SAN) and others “who exemplified dedication and integrity”, were honoured.

“We hope this recognition inspires all to continue striving for excellence,” Makanjuola said.

The awardees are (Judicial excellence): Justice Kudirat Kekere-Ekun, Justice Habeeb Abiru of the Supreme Court, Justice Nnamdi Dimgbe of the Court of Appeal, Justice Abisoye Bashua of the Lagos State High Court, Justice Maureen Esowe of the National Industrial Court and Justice Lateefa Okunnu.

Those honoured for their elevation to the Inner Bar are Lateef Karim, Johnson Odionu, Charles Musa, Udochi Iheanacho, Moses Obafemi, Matthew Esonanjo, Babatunde Sodipo, Boniface Moore, Ayoola Ayaji, Paul Obi, Olasupo Domicati-John, Cole Ololade, and Charles Adeogun-Phillips.

Other new SANs are Emmanuel Adekile, Christopher Okeke, Oluwole Afolabi, Akinbamigbe Adesomoju, Adeyinka Aderemi, Olaolu Owolabi, Idowu Benson, Chinasa Unaegbunam, Ademola Esan, Aderemi Oguntoye, Theodore Ezeobi, Ekele Iheanacho, Uchenna Njoku and Mofesomo Oyetibo.

Dr Babatunde Ajibade (SAN) received an award as an Inspiring Icon, while Justina Lewa of PremiumTrust Bank was recognised for her “outstanding contribution, dedication and commitment to the In-House Government Counsel Forum.”

A Senior Advocate of Nigeria (SAN), Adeyinka Moyosore Kotoye, has advocated for the decentralisation of the country’s judicial system, saying that what is obtainable now is quasi unitary in nature.

Kotoye (SAN) spoke on the topic, “ The Law, the Bar, the Society” last Thursday at the Nigerian Bar Association (NBA), Ijebu Ode Branch Annual Lecture and inauguration of a new executive of the bar under the chairmanship of Chief (Dr.) Fassy Yusuf and held at Chief Chris Ogunbanjo Centre, Erunwon town, near Ijebu Ode.

Other members of the new NBA executive are the Vice-Chairman, A. D. Sosanwo, Secretary, Mrs Elsie  Adepitan – Olaniyi; Assitant Secretary, Adegboyega Titilayo Motunrayo; Financial Secretary, Abraham Sokefun;  Welfare Secretary, Mrs. Ogundile  Adebowale (Mrs): Social Secretary, Mariam  Ogunmoye; Treasurer,Adegbenle Joseph; Provost, Akindehinde Azeez Oyebola and Public Relations Officer (PRO), Atinuke Ibidapo Adebajo.

Kotoye argued that Sections 271 (1 & 2), 276 (1 & 2), 281 (1 & 2) of the constitution, dealing with the appointment of the Chief Judges and High Court Judges of a state, Grandi Khadi and members of the Sharia Court of Appeal of a State, President and Judges of the Customary Court of a State. are anachronistic in nature and a complete aberration to the fundamental principles of Federalism.

 He said vesting the power of recommendation in the National Judicial Council (NJC),  completely eroded the status of each state, as an independent entity/unit in a federating structure.

“What we have now as law on appointment of judges is unitary in nature, pointing out that it limited the ambit of the legislative authority of the various state Houses of Assembly, on such matters as provided for at Sections 270 (2) (b); 275 (2) (b) and 280 (2) (b).

“This is more so, given the composition and powers of both the Federal Judicial Service Commission (FJSC) and the National Judicial Council (NJC) at Paragraphs 12, 13, 20 and 21 of the 3rd Schedule of the Constitution.”

Kotoye  contended that there is no reason why states should not be allowed to develop their own appellate structures, similar to what obtained in the old Western Region.

He argued that matters covered at Sections 241 (1) (a – f), 242 (1 & 2), 248, 254 (a – f), 260 – 269, should be within the purview of the state, except where it involves the Federal Government. 

He suggested that two or more states, may agree, by way of a memorandun, to establish a joint appellate structure.

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“A region or a zone, like the south west, may also undertake this jointly. This is one sure means of reducing the burden of the different Appellate Courts workload”, he argued.

“Matters relating to customary law like chieftaincy, obaship disputes etc. should be limited to that region or that state Appeal Court. Such cases have no business being taken to Abuja. This way there would be considerable reduction in the number of cases that go to Abuja.”

He charged the NBA to lead the crusade to effect this change in the nation’s judiciary.

Kutoye also advocated devolution of powers down to the local and state governments explaining that some matter listed in the exclusive list should be devolved under concurrent list.

He said: “ there is no reason why matters like aviation, bankruptcy and insolvency, banks borrowing of money within Nigeria, construction, copyright, designation of securities in which trust funds may be invested, election to the office of Governor and Deputy Governor and any other type to which a person may be elected under the constitution, evidence, fingerprints, identification and criminal records, fishing and fisheries, incorporation, regulation and winding up, insurance, labour, mines and minerals, patents, trademarks, trade or business names, industrial designs and merchandise marks, pensions, police, prisons, public holidays, railways, stamp duties contained at Items 2 – 7, 11, 13, 19, 22, 23, 28, 29, 32 – 34, 39. 43 – 46, 48. 51, 55. 58 – 67, are included in the exclusive legislative list.

“I believe that they should be made concurrent, so that states may also have powers to go into those areas too.

“For instance, provision of rail services has the potential of increasing economic activities. generating income and increasing the employment rate, if states are allowed and encouraged to provide same within their territories.

“Two or more states or a zone like the South West, may thereafter make arrangements to link each other by train. This will also enhance migration of labour and increase mobility. The rate of commerce will increase and so on”, he contended. 

He condemned the country’s  electoral process which at the moment is designed to operate from top to bottom.

He suggested a bottom to the top approach adding “I suggest that we revert to the electoral cycle of 1998, during which the first election conducted was that of the local government, followed by the Gubernatorial and various states Houses of Assembly election which held on the same day, whilst the Presidential and National Assembly elections that also held on the same day, was used to conclude the process. 

Kotoye disagreed with the idea being canvassed by some functionaries in the present administration proposing that the election into the 774 local government councils, should continue to be conducted by INEC.

“It is not only retrogressive but also a complete anathema to the avowed principle of Federalism, anywhere in the world. As a matter of fact, the appropriate thing is that. each state, should have its own electoral laws, that will regulate/govern all its electoral processes, including Gubernatorial and Houses of Assembly election”, he argued.

The Chief Judge of Ogun State,   Justice Mosunmola Dipeolu, who was the chairman of the event, urged lawyers to entrench rule of law and nobility of the profession in their service to the society.

Justice Dipeolu who was represented by Justice O.A.B. Onafowokan, in an opening remarks stated that a society’s true freedom requires the rule of law and justice and a judicial system in which the rights of some are not secured by the denial of the rights of others.

She said the bar owes it a duty to protect, serve and ensure that the rule of law is upheld and justice entrenched, adding that this is why “ lawyers are tagged as ministers in the temple of justice, a phrase that should tug at the conscience of every lawyer as he stands to attend to the services he was paid for.”