Tag: SAN

  • Babalakin hailed for new NBA House

    Outgoing Nigerian Bar Association (NBA) President Okey Wali (SAN) has said Bi-Courtney Group Chairman, Dr. Wale Babalakin (SAN), is a pride to the legal profession.

    Wali spoke yesterday in Lagos when he inaugurated a six-storey, fully-serviced new NBA House on Victoria Island.

    He said the structure became a reality through the partnership between one of Babalakin’s companies, Stabilini Visinoni Limited, and the NBA.

    The partnership, which was based on a Build, Operate and Transfer (BOT) agreement, was conceived to help the NBA develop the prime land that had been bare for a long time and enhance the revenue base of the association.

    Wali said: “I must thank our colleague, Dr. Wale Babalakin (SAN), for what he has done in putting this up in collaboration with the NBA. The terms are clear. It is a Build, Operate and Transfer. I thank Wale for the industry he has put into this.”

    The former NBA president expressed gratitude to the Director-General of the Nigerian Law School, Dr. Tahir Mamman, and the Chairman of the Council of Legal Education, O. C. J. Okocha (SAN) and other council members for granting access to the new building through the school premises.

    On the creation of the access to the property, Babalakin said: “This building was landlocked. The only way we could go in was to create that access you see now.”

  • TheNiche on Sunday for presentation August 16

    Acclaim Communications Limited will, on Saturday, August 16, formally present Nigeria’s exclusive Sunday newspaper, TheNiche on Sunday.

    The event will hold at the Orchid Hall of Eko Hotel and Suites, Victoria Island, Lagos.

    It will be chaired by a former President of the Nigerian Academy of Science, ProfAnya O. Anya (OFR), while Lagos State Governor Babatunde Fashola (SAN) is the chief host.

    Highlights of the occasion include a keynote address, titled: A New Nigeria is Possible, to be delivered by Information Minister Labaran Maku.

    Distinguished guests who have been confirmed for the event include House of Representatives Speaker Aminu Tambuwal; Secretary to the Government of the Federation (SGF), Senator Anyim Pius Anyim; Deputy Senate President Ike Ekweremadu and House of Representatives Deputy Speaker Emeka Ihedioha.

    Others are: Governors Rotimi Amaechi (Rivers), Emmanuel Uduaghan (Delta), Godswill Akpabio (Akwa Ibom) and Theodore Orji (Abia).

    Also expected are business leaders and celebrities from the Nigerian music and film industries.

  • Impeachment: Al-Makura heads for court

    Impeachment: Al-Makura heads for court

    Nasarawa State Governor Tanko Al-Makura has sued the state’s House of Assembly and its 24 members, challenging the competence of the notice of impeachment issued against him by the lawmakers.

    The governor, in a suit he filed before the state’s High Court, Lafia, seeks the interpretation and enforcement of sections 36(1) and 188(1)(2)(3)(4) and (5) of the Constitution.

    Al-Makura, in the suit filed for him by his lawyer, Udechukwu Udechukwu (SAN), leading Funke Aboyade (SAN) and seven others, argued that the lawmakers’ failure to serve him the notice of impeachment, as required by the Constitution, rendered the purported impeachment notice a nullity.

    According to a supporting affidavit deposed to by the governor’s Special Adviser on Special Duties, the governor made unsuccessful efforts to obtain the impeachment notice when the House of Assembly failed to serve him as required by the Constitution.

    The governor, in the court processes made available to The Nation in Abuja yesterday, urged the court to either quash or set aside the impeachment notice allegedly issued by the House of Assembly.

    He asked the court to declare that the notice of impeachment published on July 17th, 2014 by the clerk of the Nasarawa State House of Assembly was unconstitutional or invalid within the meaning of section 188 (2) of the constitution.

    Al-Makura is seeking a declaration that the notice was not served on him- in line with sections 36(1) , 188(2) and (3) of the 1999 Constitution and, therefore, he was not obliged to respond to it.

    He wants the court to declare that having regard to the provisions of sections 36(1) and 188(1)-(9) of the constitution, the lawmakers have no authority to issue the notice of impeachment dated July 14th, 2014 wherein they purported to have found the plaintiff guilty of gross misconduct, even before any inquiry into the allegations made by them when no notice of allegations was served on him.

    It is also the governor’s prayer that the court hold that the publication “of a purported notice of impeachment dated July 14th, 2014 by the Clerk of the Nasarawa State House of Assembly in the Daily Trust newspaper of July 17th, 2014, or any other newspapers cannot amount to service of the same on the governor of Nasarawa State within the context of Section 188 (2) of the constitution.”

    The case is yet to be assigned to any judge for hearing.

  • Boko Haram: Anxiety at Conference over security alert

    Boko Haram: Anxiety at Conference over security alert

    ‘SSS, Army, police should treat information in confidence’

    There was anxiety at the National Conference yesterday when a security alert on unnamed targets in the Federal Capital Territory (FCT) was read to the delegates.

    This is as Conference adopted the leadership’s proposal to take two days to consider and adopt a report and reduce its working hours from 6pm to 3.30pm.

    The leadership said the reason for taking the two days for the remaining four reports was to allow willing delegates to comment on the reports.

    The four reports include Political Parties and Electoral Matters, Devolution of Power, Energy and Political Restructuring and Forms of Government.

    Shortly after the adoption of votes and proceedings for the last sittings, Mike Ozekhome (SAN), alerted his colleagues and other Nigerians to a possible terrorist attack in Abuja and other parts of the Federal Capital Territory (FCT).

    Ozekhome spoke under matter of urgent national importance.

    The delegate, who came to the conference on the platform of Federal Government Addendum, said he received “a highly credible” information that “our enemy”, Boko Haram insurgents, planned to launch a major attack in and within the FCT.

    He said his “credible source” did not say exactly where and when the attack would take place.

    Ozekhome, who warned that no delegate should disregard the information, said his source was at the United Nations (UN) office in Abuja.

    The source, the lawyer said, informed him that the planned attack would be heavier than the April 14 Nyanya bus stop bomb attack.

    Ozekhome said he was warned to mind his movement and spread the information.

    The lawyer added that his information was not meant to frighten the delegates and other Nigerians but to alert all.

    But Conference Chairman, Justice Idris Kutigi (rtd), did respond to the information.

    The announcement may be responsible for the speedy adoption of a proposal by the leadership of the conference to change the discussion method of the reports that had not been considered.

    Justice Kutigi (rtd) informed the delegates that unless the debate method was modified, the Conference might be unable to complete work on the remaining reports.

    He suggested that the delegates either agree to work from 9am to 3.30pm on a straight run without lunch or work from 9am, take the usual two-hour break and close by 5.30pm to save 30 minutes.

    According to him, the proposal followed the considerations that had to be given to the fasting Muslim delegates.

    After some suggestions were put forward, including the retention of the existing method, the delegates agreed to the 3.30pm closing time.

    Besides, while the leadership informed Muslim delegates that would want to monetize their lunch to enter their names in a register, a Christian delegate suggested that lunch should be forfeited by all delegates in solidarity with their fasting colleagues.

    Also the Parish Priest of the Holy Rosary Catholic Church in Abuja, Rev. Innocent Jooji, advised security operatives yesterday to treat in confidence any information given to them by the public on how to tackle Boko Haram.

    This, the cleric said, would build the confidence and ensure the safety of the public in reporting the activities of the sect’s members to security agencies.

    Jooji addressed reporters ahead of tomorrow’s N15 billion fund raiser of the church building, which will hold at 7pm at the Nicon Luxury Hotel in Abuja.

    The cleric urged Nigerians to give vital information to security operatives because they cannot tackle Boko Haram insurgency alone without the public’s cooperation.

    Keeping vital information secret would endanger the lives of Nigerians, who are willing to help, he said.

    Jooji urged Boko Haram members to surrender and show their faces to enable the government implement the proposed amnesty.

    The cleric said no government would give amnesty to a faceless group, like Boko Haram.

    He said: “The government is doing its part. The security operatives depend on your information and my information. The problem is that if you give them the right information, can the government have confidence in those who will work on the information? Can they treat the information confidentially? If we need to curb the current killings by Boko Haram, that means all of us must be involved.

    Jooji said: “With the security operatives, if they rely on information available, we will overcome this situation. Terrorism is difficult to fight and once it comes into a country, it takes a while to curb it. People who lives in local communities know who is a visitor. People who live in a particular environment may know who is who.

     

     

    “Many people are willing to report their discoveries but the fear that their identity would be revealed does not propel them to report to security operatives. They are also afraid that when they report, the Boko Haram sects will be after them.  Some people have decided to keep quiet about it. This fight is not only for the State Security Service (SSS), the police, the Army or the Nigerian Security and Civil Defence Corps or other security operative but for all of us.

    “Many people are talking about granting amnesty to the Boko Haram members. We do not know them. So, how can you grant amnesty to people or a group of people you do not know? They are faceless and I do not think it will be wise to grant amnesty to the faceless group called Boko Haram.

    “We need peace in Nigeria. Let the Boko Haram come forward and dialogue with the government before amnesty will be granted to them.”

     

     

     

     

     

     

     

     

  • Panel cautions SAN against ‘misconduct’

    The Legal Practitioners’ Privileges Committee (LPPC) has warned a Senior Advocate of Nigeria (SAN), J. A. Badejo, to desist from “professional misconduct” or be stripped of the rank.

    The LPPC, in a statement yesterday in Abuja, said the warning followed its investigation, which reportedly found Badejo wanting.

    The probe was initiated after a petitioner accused him of professional misdemeanour.

    The committee, in the statement by its Secretary and Chief Registrar of the Supreme Court, Sunday Olorudahunsi, warned Badejo “to desist from such conduct and henceforth conduct his cases in the best tradition of the legal profession”.

    The committee, last year, suspended a Lagos-based SAN, Ajibola Aribisala, from further using the title, following its investigation of a petition against him by Fidelity Bank Plc.

    The statement reads: “The LPPC received a petition on the professional misconduct of J. A Badejo (SAN), having deliberately and unprofessionally instructed or sanctioned the filing of series of applications and withdrawing same to deprive the petitioner/claimants from the fruit of their judgment obtained eight years ago.

    “After consideration of the response of J. A. Badejo (SAN) and the outcome of the investigation by the sub-committee set up by the Legal Practitioners’ Privileges Committee, the Legal Practitioners’ Privileges Committee, at its general meeting held on June 12, 2014, decided to warn the learned Senior Advocate to desist from such conduct and henceforth conduct his cases in the best tradition of the legal profession. In addition, (he is to) uphold the honour and dignity which the rank of the Senior Advocate of Nigeria commands.”

     

     

    “Furthermore, the non-compliance of the above stated would cause the committee to invoke the provision of paragraph 22(1) of the LPPC guideline which empowers the committee to withdraw the rank of Senior Advocates of Nigeria from holders found to be involved in professional misconduct.”

     

     

  • Govt arraigns suspected abductors of Ozekhome, others

    Govt arraigns suspected abductors of Ozekhome, others

    The Federal Government yesterday arraigned three men for allegedly kidnapping some public figures and killing some security officers.

    The three – Kelvin Oniarah Eziegbe, Frank Azuekor and Michael Omonigho – were accused of kidnappings and terrorism in Edo and Delta states between 2010 and 2013. These included last year’s kidnap of Chief Mike Ozekhome (SAN), Delta State Commissioner for Higher Education, Prof Hope Eghagha, among others.

    The accused were said to have also kidnapped Attanasius Ugbme and his friend, Emmanuel Maka Omorogbe, and killed five policemen and two prison officials.

    The 13-count charge on which the three were arraigned said they allegedly made about N75 million from Ozekhome, Eghagha, Ugbome and Omorogbe before their victims were released.

    They were also alleged to have compelled Ozekhome to pay N40 million (in US dollars), Eghagha paid N7 million, Ugbome paid N2 0million, while Omorogbe paid N3.5 million.

    The prosecution gave the names of the policemen allegedly killed during the kidnap of Ozekhome and Eghagha as: Paul Sunday Ajaka, an Assistant Superintendent of Police (ASP); Sunday Ewanshiha (Inspector); Michael Akpada (Inspector); Bakary Kong (Inspector) and Innocent Odoh (Sergeant).

    The prison officials allegedly killed by the accused are Lawrence Edore (Inspector) and Oyibo Okoye, Senior Prison Assistant (SPA).

    The accused pleaded not guilty to the charge when it was read to them.

    In Count One, the accused were charged with conspiracy to commit terrorism acts, kidnapping, accessory to act of terrorism, inciting persons to commit act of terrorism, recruitment, escape and abetting escape.

    Eziegbe and Azuekor were, in Counts Two and Three, accused of conspiracy to commit terrorism act of murder by killing five police officers and two prison officials; commuting intentional murder by killing five police officers and two prison officials.

    They were, in Counts Four and Five, accused of hostage-taking to compel their victims to pay ransom and engaging in hostage-taking by force of arm.

    Their alleged offences contravene and are punishable under Sections 1(2)(f), 8(1)(b), 10, 15(1), 17, d 19 of the Terrorism Prevention Act 2011(as amended).

    After pleading not guilty, defence lawyer, Bala Dakum, made an oral application for bail.

    Justice Adeniyi Ademola ordered that the accused be remanded in the Department of State Security (DSS) custody.

    He also ordered that the defence file a formal bail application and the necessary processes served on the prosecution before the next adjournment date.

    The judge also ordered the DSS to allow the defence lawyers and families of the accused easy access to them.

    Justice Ademola adjourned the matter till July 1.

    They police, last year, arraigned the three before a Magistrates’ Court in Wuse 2, Abuja, but the case was later withdrawn.

     

     

  • EFCC re-arraigns three oil marketers

    EFCC re-arraigns three oil marketers

    The Economic and Financial Crimes Commission (EFCC) yesterday re-arraigned three oil marketers over alleged N789.6 million subsidy fraud.

    Those re-arraigned are: Adamu Maula, George Ogbonna and Emmanuel Morah.

    The accused were arraigned alongside their companies – Downstream Energy Sources Limited and Rocky Energy Limited – before the court, presided over by Justice Lateefat Okunnu.

    They are facing a 26-count amended charge bordering on conspiracy, obtaining money by false pretences, forgery and uttering.

    The defendants were earlier arraigned on February 26, last year, on an eight-count charge.

    They pleaded not guilty to the charges and were granted bail for N50 maillion each with two sureties in like sum.

    The EFCC counsel, Mr Rotimi Jacobs (SAN), alleged that the defendants committed the offences between March 2011 and January 2012 in Lagos.

    He alleged that they fraudulently obtained N789.6 million from the Petroleum Support Fund for a purported importation of 14.2 million litres of Premium Motor Spirit from Europe to Nigeria.

    They were also accused of forging documents, including bill of lading, certificate of quantity, certificate of origin and cargo manifest, which were allegedly used in committing the fraud.

    Jacobs said their offences contravened Section 1 (sub-sections 1, 2, 3) and Section 8 of the Advanced Fee Fraud and Other Related Offences Act, Laws of the Federation of Nigeria 2006.

    According to him, it also contravenes Sections 363 and 364 of the Criminal Laws of Lagos State 2003.

    The defendants again pleaded not guilty to the charges when they were read to them.

    Justice Okunnu ordered that they continue to enjoy the bail conditions earlier granted them by the court.

    She adjourned the matter till June 10 for the beginning of the trial.

  • Yoruba elders mourn Ajayi

    A group, the Yoruba Council of Elders, has described the late Chief Godwin Olusegun Kolawole Ajayi (SAN) as “a quintessential and unique lawyer and elder statesman”.

    In a condolence letter to the widow yesterday, signed by its President, Maj.-Gen. Adeyinka Adebayo (rtd.), and Secretary-General Chief Idowu Sofola (SAN), the group said: “With heavy hearts, the Igbimo Agba Yoruba, a.k.a. Yoruba Council of Elders, commiserate with you and the family on the demise of your dear husband and friend, G.O.K. Ajayi, the Oodole of Ife.

    “He was an untiring and astute legal icon, a colossus of the first generation of lawyers, a great legal mind and a titan of the legal profession in every sense of word.

    “He was an indefatigable lead counsel in several well-celebrated political and non-political suits. Your husband and father, an epitome of professional competence, was definitely a force to reckon with and the marks he left will remain indelible in the hearts of many.

    “G.O.K. will be greatly missed by the legal profession, the Yoruba race and Nigeria as a whole. He was fearless. He was a dear friend and mentor to many. His exemplary life was dedicated to thorough and transparent contributions to the development of the law and service to humanity.”

     

  • Much ado over APC’s directive to lawmakers

    Much ado over APC’s directive to lawmakers

    Since February last year, Rivers State has been on the edge. Opposition rallies have become taboo. Senior Advocate of Nigeria (SAN) Itse Sagay believes that the state’s Commissioner of Police, Joseph Mbu, would not have been harassing opposition elements if he does not have the backing of the powers-that-be. Last Saturday’s rally by the Save Rivers Movement (SRM) held in Bori, the headquatres of Ogoniland, Rivers State was the first time in a long while that the opposition had a smooth rally. An attempt to do the rally six days earlier left many injured; and vehicles were destroyed.

    Yet, irrespective of their party leaning, Nigerians, who wish to stage a peaceful protest, must be able to do so without molestation.

    When about 13,000 teachers were supposed to receive their certificates and letters of employment at the Liberation Stadium, Port Harcourt, they were dispersed by the police with tear gas. On other occasions, ex-militants disrupted peaceful rallies in the state. On an occasion, the police prevented the governor from accessing his house, insisting that he must pass through a particular road. Things became worst when Governor Rotimi Amaechi joined the APC. Senator Magnus Abe was shot at a rally and is still recuperating in London.

    It got so bad that Amaechi wrote the National Human Rights Commission (NHRC) and used other means to lodge complaints. But deaf ears were turned to his plea.

    The impunity in Rivers made the Senate last Wednesday ask the Inspector General of Police (IGP), Mohammed Abubakar, to appear before it to give a situation report. Both arms of the National Assembly have condemned the recurring crisis in the state.

    Sagay told The Nation yesterday: “The Federal Government is obviously sponsoring what is happening in Rivers. Mbu will not be doing what he is doing if his backers are not at the top. His directive is to frustrate the Rivers governor and his masters.”

    Angered by the ‘madness’ in Rivers, the APC instructed all its members in the National Assembly to block all executive bills, including the 2014 Appropriation Bill.

    The party said: “In view of the joint resolutions of the National Assembly on Rivers State, and other constitutional breaches by the Presidency, the APC hereby directs its members in the National Assembly to block all legislative proposals, including the 2014 budget and confirmation of all nominees to military and civilian positions to public office, until the rule of law and constitutionalism is restored in Rivers State in particular, and Nigeria in general.”

    The PDP flayed the directive, accusing the APC of being anti-people. The chairman of the Labour Party (LP), Dan Nwanyanwu, also toed the PDP line, accusing the leading opposition party of wanting to foist hardship on the people. Sagay said the APC decision is just like a balance of terror. Lagos State Governor Babatunde Fashola yesterday said there was nothing anti-people about the directive. Fashola cited instances where PDP members in the National Assembly have blocked some legislative proposals, such as the Petroleum Industry Bill (PIB).

    The governor said the APC lawmakers “have found as a legitimate weapon, the withdrawal of cooperation from the executive in order to bring a belligerent executive back on to the negotiation table because as they say themselves, nobody can claim ownership of Nigeria.

    “Therefore, where appeals and letters fail, the legitimate tool is the use of the power of cooperation or the withdrawal of cooperation.

    He explained that in a democratic process “where the party in power in majority has full legislative majority, this has been a weapon that the parliament has employed”.

    Fashola said the PIB Bill had been stalled in the National Assembly for over three years as well as the refusal to approve appropriation for the Securities and Exchange Commission(SEC) saying that no voices were raised in those situations.

    “Have you asked yourselves why? That was an example of withdrawal of cooperation. The same party in the majority returned the budget and you know how the budget finally came back to the National Assembly, that was an example of withdrawal of legislative cooperation. The same party with the majority last year said it was not going to approve appropriation for the Security and Exchange Commission, a constitutional empowered and created body because they were disagreeable with its leadership.”

    Analysts believe that the fruit of APC’s threat is already being felt. They say if not for the decision of the party, the Bori rally would have been disrupted by either the police or political thugs. They faulted the anti-people label being hanged on the party, citing instances where opposition in advanced democracies have blocked legislative proposals.

    The Republicans in the U.S. blocked some moves of President Barack Obama. The Obamacare is one. The Republicans went to great extent to stop, arguing that it is all part of democracy. The Republicans saw in Obama’s Affordable Care Act the single most unifying issue. Rank-and-file Republicans, especially those who are aligned with the Tea Party movement, despised the new health-care law. They devised strategies to delay, defund or in some other way disrupt the imminent implementation of the legislation.

    In Canada’s parliamentary system, the basic function of the opposition is to oppose the government on a day-to-day basis. In this role, the opposition takes on an adversarial role. This includes routinely criticising government legislation and actions, as well as providing the Canadian public with alternative policies. In some cases, the opposition may even organise to bring down the government, by voting against key pieces of government legislation, including the annual budget .

    Mohammed said the party sought to shut down government so that the government would not shut down the country. (See box)

    He said the step would not hurt the people. “Government is about people, if there is no peace and stability, what is happening in Rivers State might escalate to other states. And if that is the case, what will be the importance of any budget? So, why are we putting the budget over and above the life of the average citizen in Rivers State? People called to tell us that our position is ante-people but we say no. Any government that does not believe in fairness, justice and equity is anti-people. Any government that cannot protect its entire people is anti-people. Any government that does not respect the rule of law is anti-people. So, what we are doing is a patriotic service to Nigeria,” he said.

    The party said once the President stops what is happening in Rivers State there will be no reason to filibuster.

  • Fani-Kayode opposes money laundering charge

    Fani-Kayode opposes money laundering charge

    Former Aviation Minister, Mr Femi Fani-Kayode, has opposed a fresh money laundering charge the Economic and Finance Crimes Commission (EFCC) filed against him.

    His lawyer, Mr Ifedayo Adedipe (SAN), opposed the charge yesterday, stalling the former minister’s arraignment.

    EFCC’s lawyer, Festus Keyamo, applied that the amended charge be read to the accused so that he could take his plea.

    But Adedipe objected, saying the accused could not be arraigned because the charge was invalid.

    He said the first count, which stated that Fani-Kayode accepted cash payment of over N10 million, did not specify who gave him the money.

    According to him, it was alleged throughout the charge that the accused accepted various sums of money but no mention was made of the person from whom the money was received.

    Adedipe said the charge was, therefore, not only oppressive but also invalid.

    He said: “The accused is alleged to have received money from a nameless person. We have to know the person so we can know who to address. As it is, the charge is vague.

    “They (prosecution) alleged that he accepted money. When you accuse somebody of accepting money, clearly, the person from whom the money was accepted becomes important.”

    Keyamo said the silence on how the money got to the accused did not matter because Fani-Kayode was not charged with theft but money laundering.

    “The essence of money laundering is when the money has no origin; it’s when you are caught with large sums of money and you cannot explain the source,” Keyamo said.

    Justice Rita Ofili-Ajumugobia urged both parties to file their written addresses within two days.

    He adjourned till February 3 for ruling.

    The EFCC, in the amended 40-count charge, alleged that Fani-Kayode, on various days in 2006 accepted and deposited money at the Apapa branch of a bank through some of his associates and wife.

    One of the counts reads: “That you Chief Femi Fani-Kayode, on or about 22 day of November, 2006, while serving as Minister of Aviation of the Federal Republic of Nigeria, in Lagos, within the jurisdiction of this honourable court, made a financial transaction exceeding N500, 000, which was not done through financial institution by accepting cash payment of N10 million, which sum further carried in cash to First Inland Bank Plc, Apapa branch (now First City Monument Bank PLC.), through one Saviour Ndifreke, (your close associate now at large), and put in an investment account in your favour for 90 days contrary to section 15 (1) (d) and punishable under section 15 (2) (b) of the money laundry prohibition act, 2004.”

    The judge had adjourned the trial sine dine (indefinitely) after Keyamo said he did no longer wanted Justice Ofili-Ajumogobia to adjudicate the case and that it should be re-assigned to another trial judge, but the Chief Judge, Justice Ibrahim Auta, was said to have refused the request.