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Tag: SAN

  • SAN seeks quick hearing of petitions by lawmakers

    SAN seeks quick hearing of petitions by lawmakers

    Speedy determination of public petitions before the Public Petitions Committees of the National will help to promote the cause of democracy and rule of law, a Senior Advocate of Nigeria (SAN) Mrs Funke Adekoya has said.

    However, matters which are pending in courts or before administrative panels are not among those the committees can treat, she said.

    Addressing a strategic retreat session of the Senate and House of Representatives committees on public petitions in Lagos, Adekoya said they also should not dabble into matters which citizens have agreed to resolve by arbitration.

    The lawyer, who is the immediate past Chair of the Nigerian Branch of the Chartered Institute of Arbitrators (UK), said committees’ jurisdiction does not extend to “situations in which parties have already taken the matter to court for determination or where an action has been taken on the matter by an administrative panel”.

    She noted that most petitioners approach the National Assembly because they feel that they will not obtain redress in the courts or due to the slow or expensive process of litigation.

    Adekoya advised the committees to adopt ADR techniques in resolving the petitions, as they are usually written before redress is sought in the courts or administrative panels.

    “Alternative Dispute Resolution (ADR) is a cheaper and a viable option for resolving disputes due to the speed at which decisions are made,” she said.

    Reviewing the recent Senate decision advising the disengaged staff of the National Identity Management Commission (NIMC) to approach the courts for redress, the lawyer said the impasse would have been more speedily resolved through conciliation and mediation.

     

  • I know my bounds at home as a soldier’s wife —Olufunke Adekoya, SAN

    I know my bounds at home as a soldier’s wife —Olufunke Adekoya, SAN

    Mrs. Olufunke Adekoya is Head, Dispute Resolution Practice Group at AELEX, a firm of legal practitioners and arbitrators. She was appointed Notary Public in 1986 and elevated to the rank of Senior Advocate of Nigeria (SAN) in 2001 (the fifth woman to be so elevated). She has been a member of the Body of Benchers since 1999 and was elevated to a life bencher in March 2007. In the field of arbitration, Mrs. Adekoya represents both local and transnational parties as counsel in both domestic and international arbitration proceedings within Nigeria and abroad, and has acted in numerous disputes as either-party appointed arbitrator, sole arbitrator and presiding arbitrator.  In this interview with Assistant Editor, LINUS OBOGO, the wife of Air Vice Marshal Oluwole Adekoya (rtd) speaks on the rise of women on the Bench, corruption in the judiciary, as well as the balance between her role as a lawyer and wife to a soldier. Excerpts:

    DOES coming from a family of lawyers mean anything special to you?

    My father was a lawyer, I am a lawyer and my daughter is also a lawyer. The one thing I could say I gained from having a father who was a lawyer is that I had to explain and give reasons for every demand that I made of my father. For instance, if I needed N100, I had to explain to him why and what I needed it for and how I was going to spend it. That was the kind of man my father was as a lawyer and a father. But if it was just any other man, he could say okay, here is the N100 or that he does not have exactly N100 and if I could manage N50.

    So, for my father, everything was in debate and in discussion. He taught me how to think logically and to be able to explain my actions at all times. There was no time I needed to go out and to return at say 8 pm or 9 pm, that my father would not insist on me explaining to him in detail why it had to be that time.

    As a lawyer married to an army officer, what was the atmosphere like in the house, given that in the military, there is this command and obey structure, or ‘obey before complaint’?

    As a lawyer married to a military officer, I knew and still know that I could only be a lawyer in the office and not in the house. Also, sometimes when there is a discussion between my husband and me, as a lawyer, what I usually say is ‘let’s reason it out, this is what I think should be done’. But as a military man, he will say ‘no, this is how I want it to be. I will say okay, you are the boss. So if it turns out the way I had earlier suggested, next time when such situation arises, he will remember and align with my position. But if he does not remember, we will do it his own way again until such a time that he realises that we may have to try my own point of view.

    Over a period of time, if I hold a view contrary to his, he will listen and engage my own view. There is the tendency for him to look at issues from the angle of the military, while I will like to consider the same issue from the position of law. That is how we have managed ourselves over the years; 35 years to be exact.

    What would you consider your most embarrassing moment as a lawyer?

    My most embarrassing moment was not exactly in court. It was in the office of my principal in Kaduna, where I started practising as a lawyer. We were the second set of youth corps members then. It happened that a male client walked into the office and demanded to see my principal. He was not only surprised to see a woman but one he actually regarded as a Nyarinya (young girl) as a lawyer. When I wanted to attend to him, he said ‘no, I want a lawyer’. He probably thought I was a secretary. Even when I told him I was a lawyer and that I was assigned to his case, he said no; that he wanted to see my boss who he thought was probably the only lawyer in the chambers. I went in to tell my boss that Alhaji did not want me and that he said he wanted a lawyer. Unfortunately for him, my boss led him out of his office with his file, and asked him not to come to his chambers any longer. He told him he was not handling his matter and that he could go elsewhere. The man started trembling.

    My boss told him that if I was the one handling his case and he did not respect me, it also meant he did not respect or have confidence in him (boss). Eventually, he allowed me. That, to me, was very embarrassing; for somebody to walk in and assume that because I was a woman, I was supposed to be a secretary and I could not be a lawyer, and he wanted to see a lawyer. Not even when I had told him I was a lawyer. He said ‘no, I want to see a lawyer, a man.’

    I went home that day and reflected on what being a woman was. For the first time, I was confronted with the issue of being a woman and actually came to terms with the gender issue for the first time. The assumption then was that as a woman, you could never be a lawyer.

    How do you relax?

    I read novels. And if I have the time, I go to parties and dance. That is just about it.

    If you were not a lawyer, what would you have been?

    If I was not a lawyer, I would have been in Nollywood as an actress. When I was in the university, Ife (OAU), to be precise, I used to be very active in the theatre. I was in the drama group, acting plays. We used to travel to Dakar, Senegal. During the holiday, I used to act in the now rested Village Headmaster. So, if I was not a lawyer, I would have been an actress.

    What would you consider as the most expensive piece of apparel in your closet?

    Honestly, I am not into fashion and so, I cannot see any expensive clothing in my wardrobe. What I have are just my office wears. I am not a style person. Rather, I am a functional dresser and I wear what I am comfortable in at any given time.

    What would you regard as your worst habit?

    What I will consider as my worst habit is perhaps the fact that I do not give much attention to myself. I am always busy doing one thing or the other for one person or the other without giving much attention to myself. I would not know if that is a habit. If it is, then, that may be my worst habit.

    With the elevation of a woman as head of the country’s apex court and with more promoted as justices of the Supreme Court, would you say the women are finally assuming their right of place, particularly in a sector dominated largely by men?

    Sincerely, I will say yes. The women are assuming their rightful place in the judiciary. Having said that, it is pertinent to point out that we have had women chief judges at the state level, in the northern, western and eastern part of the country. It is only at the Supreme Court that we are finally getting to the apex. Again, I will say that it is only a question of timing, because as we all know, from Justice Aloma Muktar’s CV, she has been in the profession a long time.

    However, I want to say that women in any career will also know that it takes a longer time to get to the height of their career than their male counterparts. This is because women have additional responsibilities as wives, mothers, other obligations and family commitments to take care of. So, while we are balancing all these various roles, one thing will take precedence at a particular time and another will take precedence at another time. Therefore, it generally takes a woman a little bit longer to rise to the top than it does take a man. And this is not any different in the legal profession.

    What, in your view, would you consider as challenges likely to constrain women, who have risen to the top from succeeding, whether in the judiciary or other sectors?

    Whether one succeeds or not, having climbed to the top has nothing to do with gender. Anybody who has risen to the top has the same responsibility to use the time to make a mark, to be different and stamp her own imprints on where he or she finds herself at that point in time.

    Maybe for Justice Aloma Mariam Muktar, I think because she happens to be the first woman to have risen to the position of Chief Justice of Nigeria, all eyes are on her. Also, given the state our judiciary has found itself at the time she assumed office, there will be a little bit more of the searchlight and the spotlight on her as people will expect her to be a magician and move mountains. But this may not be possible in the two years she has to be in office.

    But so far, she is doing her best and most people are quite happy with what she has been able to do. She has a two-year-tenure because she has to retire at 70 years.

    A lot of people would want to imagine that judges should be full of wisdom as they get older. Does it not amount to robbing the country of the wealth of experience and wisdom, when judges are statutorily stampeded into premature retirement at the age of 70 years?

    Absolutely! But while I wouldn’t link tenure to age because we have people who are well over 70 years and who are still very active. If I had my way, I would rather that at that level, it should be tenure than age. For instance, the late Justice Kayode Eso was well over 80 years, yet he was still very active at the arbitration community, even though he had retired from the Supreme Court. Conversely, we have people who are under 50s and 60s, yet they are already tired and finished. So, I would want to suggest that tenure should perhaps be reviewed to some renewable terms, in the same way that we have four years renewable term for the presidency. This is worth considering to have the chief judge of a state or the chief justice of the federation to have a four-year-tenure, during which if he or she fails to perform, he goes back to being part of the Bench and someone else takes over. But if you perform, your tenure should be renewed for as long as you are physically able to perform. I do not subscribe to the 65/70 years retirement age for our judges. If as a judge, you do not perform, you should rather return to the Bench, because leadership skills are not the same as the skills to judge or decide a case.

    Someone could be good at judging a case which makes him or her a good judge, but because by seniority you become the chief justice or the chief judge, if you do not have the administrative and leadership skills, you may not be able to lead. Apart from being a good judge, you need management skills as well. And if you cannot balance the two, in a situation where you have a good judge who is good at judging cases in leadership position, one of either will fall apart. The administration will suffer. So, if you cannot be the administrative head, you might as well go back to the Bench and someone else becomes the chief judge.

    There is this refrain that has gradually acquired a dated appeal, which is that ‘the judiciary is the last hope of the common man’. Today, the common man’s hope is irredeemably dashed, no thanks to obvious institutional corruption that has held the senior officers of the bench captive. Who, in your view will bell the cat?

    I must say that the Chief Justice is doing her best to face up to these issues. Additionally, the Bar also needs to face up to these issues. On our part, we are also trying to do something by setting up the anti-corruption committee. But on the whole, we really need to engage with the populace. Just like the SERVICOM, we can also have complaint boxes in the court rooms and court premises, where people can write and drop their complaints about corrupt legal officers. There can also be a website where people can send posts about legal officers demanding bribes to facilitate or obtain justice.

    Honestly, I think we are getting to a point where we must face up to the issues that confront us both as members of the Bar and the Bench. Hopefully, things will change if we continue like that. Obviously, the Bench is disciplining itself. Even in the profession, we have gotten to a point where we have said that as a legal profession, we are also involved. Some of our members are not helping the situation by corrupting the judicial process.

    We can also see that the Legal Practitioners Disciplinary Committee is becoming more active in publicising it activities. And once the public gets to know that once you make a complaint, there will be a quick decision, confidence will definitely return. That is what we are trying to do.

    The trend all over the world today, is in the direction of how to settle dispute outside the usual court method through arbitration. Why is the emphasis still more on litigation in Nigeria than arbitration?

    I think that firstly, the arbitration community or practitioners in Nigeria have woken up to the fact that we are losing focus. People go to arbitration because they want a quick decision and they do not want to go to court. But we find a situation where people get a decision and yet they go to court to challenge that same decision. What the arbitration community has decided to do is to educate ourselves and secondly the judiciary. To educate ourselves as lawyers is to explain to our members that look, today you are in court and tomorrow, you are before the arbitration. If you appear before the arbitration and you are not satisfied or successful and you take the case to court, at the end of the day, you have destroyed 50 per cent of your potential income. For instance, if those who are bringing arbitration matters to you think that at the end of the day they will still end up in court, they will rather not bring arbitration matters to you.

    So, we are actually cutting down our own practice. Secondly, they may decide that they are not going to court at all. They may decide to leave the country and forget about the whole matter entirely. Alternatively, they may decide to take the arbitration abroad. What we are trying to do therefore, is to tell our members that in arbitration, you must choose the correct person as your arbitrator and once the correct arbitrator has given you the right decision, accept it and let your client accept it.

    We are also talking to judges to explain to lawyers what arbitration process is and that we are both partners working together, so that when arbitration matters come to their court, they should dispose of them quickly. And over a period of years, people will come to appreciate that it is not worth going to court to prolong what ordinarily should have taken a short time to resolve.

    How can arbitration be made accessible to the ordinary man without undue financial encumbrances to him and in a binding manner?

    Well, one of the things, for instance, that the Lagos State Government has done is that from January 2012, if you file any paper anywhere in court, the court will decide if it should go for mediation settlement or arbitration, and why it should not come into the full courtroom. That is one of the ways in which many cases will be resolved at the arbitration stage, or even mediation, trying to negotiate a settlement between the parties. Many of these instances will affect smaller disputes where you will not have to spend a lot of money and time in court.

    Courts also have mediation courthouses attached to them. You will find this in Lagos, Abuja and Port Harcourt, where you also have arbitration courthouses or court annex. Here, if you have a dispute, you just pay a small amount, after which they will collect your paper and call the other party and help settle the matter.

    Arbitration appears to be narrowly skewed in favour of a few privileged lawyers, despite that it is somewhat an integral part of legal service delivery, why the seeming segregation?

    You are not totally correct. In the law school, every single student takes a course in arbitration. In fact, it is called Alternate Dispute Resolution, ADR. It is arbitration, mediation conciliation and negotiation. Every law student takes the course. What has happened is the mentality of a typical Nigerian lawyer to want to try something new.

    In our part of the world, we have always been brought up to reason in a way that unless you put on the wig and the gown and go to court, you are not a lawyer. And this is what we have been trying to preach to everybody that arbitration is open to every lawyer. It is not restricted to select privileged lawyers in a way you are trying to paint the picture. If you want to be involved as a lawyer in arbitration, it is simple. If you have a dispute, do not try to rush to court. First and foremost, you have to check the agreement. If the agreement has an arbitration clause, you commend the arbitration proceedings.

    Sadly for many lawyers, when they have a dispute, they want to prove they are lawyers by rushing to court first before considering other options. That is what we are trying to explain to lawyers who think that arbitration is only for privileged lawyers that once you have taken that route of first going to court, you cannot go back to arbitration. You have to first think arbitration and it is only when that fails that you then explore the option of court.

    You recently chaired a workshop organised by the Centre for Corrections and Human Development (CCHD), an advocacy group against human and child/sex trafficking. What do you imagine to be the underlying motives behind the trade and the constraint in arresting the boom?

    It is purely economic. Both the trafficker and the trafficked are involved purely for the fundamental reasons of economic. Those engaged in human and child/sex trafficking do so purely for money and nothing else. They prey on the fact that the women and the children they are trafficking also want to make money. The workshop which was very well attended was an eye opener. It was the general observation that many of the women and the girl child do not go into it with the knowledge that they are going into prostitution or human slavery. They are usually told to begin fending for themselves soon after they leave secondary school and with the prospect of furthering their education apparently bleak. They are baited with fantastic pictures of European countries and the abundant job opportunities. The young hapless women see the opportunities as one to better their lives and they unknowingly jump on the chance. It is the same story with the woman in the village who begs a city woman to take her child to Lagos or Abuja to be assisted with one form of trade or the other. By the time the child gets to Lagos, he or she literally becomes a slave without the parents knowing it.

    The challenge, essentially, is to persuade people not to believe everything they are told. Many Nigerians are engaged in one form of menial job or the other in Europe and the U.S. without those back home knowing what they are into. Occasionally, they will send home a few dollars and some good photographs. Their innocent parents hardly get to know that their son or daughter wakes up as early as 4.am to clean the toilets for a white man or wash plates at the restaurants.

    The only way out is that we must make our economy as buoyant as possible to make our people stay back in Nigeria. The economic environment must be made conducive so that people do not fall victim to human trafficking. We need this kind of workshop from time to time to sensitise the unsuspecting and gullible public.

    As head of AELEX, a firm of legal practitioners and arbitrators, how is it like managing over 40 lawyers?

    It is all about being focused and knowing what it is that you want. You have to be prepared to make the compromises necessary. Managing a chamber such as ours is like marriage. Today the man wins and tomorrow the woman wins. That is it. It is also like putting yam in oil or putting oil in yam. As long as both come together, that is what is important. That is how we balance things in our chambers, among the partners and even among the lawyers. We understand and agree that we are looking at a common goal, which is to improve the profession and improve ourselves as lawyers. I think that women are better managers and administrators than men. As women, we have to manage our children, our husbands, our brothers and their wives and that makes women better managers.

    Speaking of women being better managers, why has it taken the women lawyers so long to rise to the headship of the Nigerian Bar Association, many years after Mrs. Priscilia Kuye, who was the first female NBA President?

    Well, I am aspiring to that position in the next election. But I do not think being the NBA president is an issue of gender. Rather, it is about whoever wants to be the president must be for a reason. You must have objectives or goals you think can be done differently or that can be achieved either differently or even better. We have a lot of women who are actively involved in the activities of the NBA. We have women who are chairmen of branches.

    But I think in the same sense in which before the CJN could rise to the top of her profession and become the CJN, this takes time because of other commitments. It is the same for women, even within the bar association. You cannot rise at the same as the men because you have other commitments and you have to do the balancing acts. But then, we have a lot of women who are actively involved in the Nigerian Bar Association.

    As for the next NBA presidency, I will put my hat in the ring when the time comes. But I will not say more than that so that I will not be accused of campaigning ahead of time.

    The NBA used to be known for its radical socio-political and economic activism. But same cannot be said today with allegations of the association reportedly becoming a willing tool available for hire by politicians for rallies. At what stage did the NBA sink to this level?

    Well, I am not really aware of the NBA being rented for rallies at any given time. NBA, like any association, has to move with the situation in which it finds itself. The stance of the NBA when we are in a military regime will be different from when we are in a civilian regime. So if you say we are no more radical, it is because if we were in a military regime, we may have to be a bit more vocal and more radical because you are confronting a regime, which from the point of view as a lawyer, does not have legitimacy and it is more likely to trample on the rule of law because of the manner of its training.

    In a civilian regime, you need to be a bit more circumspect to ascertain that the position that you are trying to put forward is one that has democracy behind it. If we all agree that democracy is government of the people, by the people and for the people, and if everybody says ‘that man is a thief, but we want him as our leader’, that is the voice of the majority, even when you as a lawyer would want to say this is wrong. So, one must be more circumspect. The role of the Bar association in a civilian regime is more of a partner with the government, the civil society and with the people to elevate everybody’s standard. Yes, we should speak out when we should, particularly when the government is not doing what it ought to do. But at the same time, we are expected to educate the populace about their rights.

    To say we are not radical may be as a result of the change of regime because we are no longer in a military regime. But having said that, I think we can do better and engage more.

    Some lawyers, not long ago advocated for the scrapping of the award of the Senior Advocate of Nigeria, arguing the award tends to confer undue privileges on the bearers of the title and which in turn tilts the balance of justice. Do you agree with this?

    I think SANship is still relevant and I do not subscribe that it should be scrapped. What I think should be done is for the process of elevation to be reformed. I feel it is relevant because everybody needs something to aspire to. Otherwise, we will become complacent in our comfort zone.

    Even in the media, a correspondent in the newspaper wants to be chief correspondent, a sub-editor wants to be editor, a publisher wants to be a proprietor etc. In every profession, there should be something for everyone to aspire to. In our profession, the privileges that we are given are for a reason. The major privilege is that your cases are often called first when you get to court.

    For me, my understanding is that even the courtroom is supposed to be a learning experience so that the younger lawyers who are there can acquire and acquire some level of additional knowledge and erudition from the senior lawyers who are Senior Advocates.

    Like every facet of our national life, the elevation procedure has its problems and this needs to be reviewed. I do not think that the award should be done by age or length of practice. As we speak, there are lawyers of forty years who have never practised, but have been doing tenancy agreement for the last forty years.

    Meanwhile, a lawyer of ten years may have been at a point where he is negotiating transactions with international lenders or international financial institutions, which brings us to what is called exposure. With that being said, we need to reform the award procedure and make it more transparent. This will bring back the prestige and the glamour.

    Also, among the Senior Advocates, we need to look at ourselves and tell each other the home truth that even as SANs, we are not performing up to the level expected of us as SANs. There are many Senior Advocates today who, having been made SANs, no longer go to court. It has become like a chieftaincy title to them. They are alright being addressed by the title and nothing more. They no longer lend their intellectual capacity to lift the younger lawyers. The process needs to be reformed but not scrapped. It should not be something of a monopoly. There is the notion that once you are made a SAN, it is million, million all the way. It is not true. The experience is that once you become a SAN, the first casualty is that you begin to lose your clients. Those who could afford your services before you became SAN will tell you, look, I can no longer afford your services. Having lost some of your clients because of SANship, you begin to build a new clientele all over again. I became a SAN in 2001 and I experienced it. I lost some of my clients who thought they could no longer afford me.

  • Falana urges ICC to probe killing of Egypt protesters

    ACTIVISTS lawyer Mr Femi Falana (SAN) has asked the Interna-tional Criminal Court (ICC) to institute an inquest into the killings of  Pro-Morsi protesters in Egypt.

    His request is contained in a letter titled, Request For Inquiry into the brutal killings of Pro-Morsi Protesters in Egypt addressed to the Special Prosecutor, ICC, Ms Fatou Bensouda.

    The activist pointed out that unless the ICC  acceded to his request, without further  delay, the illegal and on-going  killings will continue unabated in Egypt.

    He suggested that in the interim, the prosecutor  may  apply to the ICC to issue a warrant for the arrest of General Abdel Fattah al-Sisi for crimes against humanity.

    “Since the Egyptian military authorities sacked the democratically elected government headed by  President Mohammed Morsi on July 3, 2013 there has been a crackdown on unarmed demonstrators in several parts of  Egypt. In particuar, genocidal attacks have been targetted at the members and supporters of the Muslim Brotherhood who have been demanding for the reinstatement of the dissolved democratic structures. In the process, scores of unarmed  protesters have been killed by the Egyptian security forces.

    “As the protests have not stopped in spite of the killings, the head of the armed forces, General Abdel Fattah al-Sisi has been inciting the  supporters  of the military backed Interim Government to stage counter-protests which have since led to further bloodshed and killings”, he said.

    The activist stated further that “on Saturday, July 27, 2013 the pro-military protesters who staged their protests in Cairo were protected  by the security forces while  the pro-Morsi demonstrators at Nasr City were violently attacked by soldiers.

    At the end of the unprovoked attacks the soldiers killed  120 people  and injured about 1,500 others.

    “The government of the United States which funds the Egyptian armed forces to the tune of $1.3 billion per annum has merely expressed “concern” over the killings.

    Falana noted that though Egypt which signed the Rome Statute on December 26, 2000  has not ratified  it, the law of treaties require states which have signed the Statute  to refrain from acts which would defeat its object and purpose until they declare that they do not intend to become parties to the Statute. Egypt has not made any declaration not to be a party to the Rome Statute.

    “In the light of the foregoing I am compelled to request you to use your offices to conduct an inquiry into the genocidal attacks and illegal killing of  members of the Muslim Brotherhood  by the Egyptian security forces contrary to Article 6 of the Rome Statute”, he said.

  • NBA seeks legislations to make chapter two of the constitution justiceable

    The Nigerian Bar Association (NBA) has called on the National Assembly to make Chapter two of the constitution justiceable in order to meet the yearnings and aspirations of Nigerians.

    The Chairman, NBA Constitution Review and Law Reform Committee, Chief Charles Edosomwan (SAN) during a visit to the Nigeria Law Reform Commission in Abuja said it had become imperative to make the chapter justiceable.

    Edosomwan said NBA had monitored the ongoing Constitution Review Process, adding that it must be a people driven process to bring the exercise to completion. The reason for this stand is that, the National Assembly has embarked on a widely scoped agenda that can only be described as sweeping.

    “Our mandates on law reform generally make the NBA a ready partner to your Commission in the several ongoing projects that are already grinding through your mills. After all  the fuss,  the hype and the serious business of achieving a new or reviewed constitution, it is important to bear in mind that legislation and case law decisions are two veritable ways of bringing its principles nearer to the people. Seriously, the people’s aspirations expressed in Chapter 2 of the Constitution need legislations to bring them to effect in the lives of citizens because when its provisions may not be ordinarily justiciable, government is in place to effect them when possible. This is one the reasons why the government is the organising committee of mass society to fulfil its aspiration”

    Responding on behalf of the Commission, Prof. Cyprian Okonkwo thanked the NBA for its efforts in upholding the rule of law in the country and assured the committee of the commissions’ readiness and determination to work with relevant agencies and organisations to make sure that our laws meet the aspirations of Nigerians.

     

  • How a defective justice system freed Major al-Mustapha

    Introduction

     

    Under the Ibrahim Babangida junta politically motivated killings were rife in several parts of the country. The refusal by the police to investigate such killings lent credence to allegations of official involvement. The gruesome assassination of a prominent journalist, Mr. Dele Giwa by a parcel bomb in Lagos on October 19,1986 was covered up by the junta. The gallant attempts by the late Chief Gani Fawehinmi (SAN) to ensure the prosecution of those who were suspected to have masterminded the nefarious deed were officially frustrated. However, the Sani Abacha junta devised a dubious method of shielding official assassins from being exposed. Whenever any opposition figure was killed by the Strike Force accusing fingers were quickly pointed at the family members or political allies of the deceased . Thus, sequel to the brutal murder of Mrs. Kudirat Abiola in Lagos on June 4,1996 by unknown gunmen, some members of the Abiola family and chieftains of the National Democratic Coalition (NADECO) were hurriedly arrested, detained and interrogated by the police on suspicion that they committed the heinous crime!

     

    The indictment of the

    murder suspects

    Upon the restoration of civil rule in May 1999, President Olusegun Obasanjo instituted the Special Investigation Panel which probed the murderous activities of the Strike Force from 1993 to 1998. Some of the operatives made confessional statements on the murder of Mrs Abiola, the attempted murder of Chief Alex Ibru, Chief Abraham Adesanya, Mr Isaac Poubeni etc. In particular, it was disclosed by the suspects that they carried out the iniquitous crimes on the orders of Major Hamza Al-Mustapha, the ex-Chief Security Officer to the late maximum ruler, General Sani Abacha. Upon the completion of investigation the Police charged the former Chief of Army Staff, General Ishaya Bamaiyi; the former Lagos State Commissioner of Police, Mr. James Danbaba; Major Al-Mustapha; Mr. Mohammed Abacha and Mohammed Aminu with the murder of Mrs Abiola before an Ikeja Chief Magistrate Court in November 1999. The prosecutor in the matter was Mr. Nuhu Ribadu, who later became the pioneer chairman of the Economic and Financial Crimes Commission.

    The case was taken over by the Lagos State Ministry of Justice in 2000 which terminated the matter at the Magistrate’s court and charged the defendants for the same offence at the Lagos High Court. In his oral testimony before Justice Ade Alabi, the star prosecution witness, Sergeant Barnabas Jabila (a.k.a.Rogers) gave a vivid account and description of how he collected two uzi guns from Major Al-Mustapha. He also disclosed that Alhaji Lateef Shofolahan gave information on the movements of Alhaja Kudirat Abiola while Mr Mohammed Abacha lent his Mercedes Benz car and allowed his driver, Mr Mohammed Abdu (a.k.a Katako) to drive the killer gang to the scene of the crime. Although Mr Mohammed Abacha did not deny the fact that he also gave $20,000 to two members of the killer squad to flee the country (to escape arrest and prosecution) the Supreme Court set him free in a split decision of 4-1.

    In the majority decision of the court read by Alfa Belgore JSC (as he then was) it was held that “The Appellant (Mohammed Abacha), in normal matter of course visited the first accused (Al Mustapha) not in course of any business. He saw Al Mustapha whispering to Jaabila (a.k.a Rogers) but not knowing what they discussed. He saw two guns taken out of a bag and given to Jabila. Al Mustapha was Chief Security Officer and Jabila worked with him. Certainly he would not know what the mission was… Katako drove to the scene with Jabila and others where the unfortunate and gruesome murder was committed by Jabila, at least on his own confession of firing the shots at Mrs. Abiola.”All the other four justices on the panel of the apex court made similar profound findings based on the proof of evidence before the trial court. Even the late Olufemi Ejiwunmi JSC who delivered a dissenting opinion had this to say: “There was evidence that the appellant allowed his driver Katako to drive Rogers; and that the said Rogers fired and killed Kudirat while being driven by Katako. The appellant had seen Al-Mustapha, the first accused hand over machine guns to Rogers and his boys.” In dissociating himself from the decision of his learned brethren that the appellant had no case to answer, Justice Ejiwunmi described the verdict of the court as “ a tyranny of majority”.

    Before the judgment of the Supreme Court was delivered on July 11, 2002 Sergeant Rogers had appeared before the Justice Chukwudifu Oputa Panel on Human Rights Abuses which sat at the old National Assembly building at the Tafawa Balewa Square in Lagos. In the detailed evidence given by him sometimes in 2001, Sergeant Rogers confirmed that he fired the shot that snuffed life out of Mrs Kudirat Abiola as part of the atrocities perpetrated by the Strike Force on the orders of Major Al-Mustapha. He revealed that General Jeremiah Useni who was in the hall visited him and other members of the Strike Force in North Korea when they were training on how to kill the “enemies of Nigeria”. When asked by Justice Oputa if he regretted his action he said he did and he proceeded to ask for forgiveness as he burst into tears. Curiously, Major Al-Mustapha and others who were indicted by Sergeant Rogers could not challenge the witness even though they were present at the proceedings.

     

  • Adoke, NHRC Chair, others seek enhanced application of FoI Act

    Justice Minister and Attorney General of the Federation, Mo-hammed Bello Adoke (SAN), the Head of Service, Alhaji Bukar Goni Aji and the Chairman, National Human Rights Commission (NHRC) Prof Chidi Odinkalu have enjoined public servants to be open in handling government affairs.

    They said the growing need for accountability in the conduct of public affairs had made it imperative for public officers to detach themselves from the culture of secrecy brought about by the Official Secret Act.

    They said civil servants must now learn to marry the responsibility imposed on them by the Freedom of Information (FoI) Act with the requirement of secrecy under the Secret Act.

    They spoke in Abuja at a two-day workshop held to examine two years of the implementation of the Freedom of Information Act, 2011.

    The workshop, which drew participants from the civil society and the public and private sector was organised by a group, the Right to Know

    Initiative (RKI). It had as its theme, “Nigeria’s FoI Act 2011 two years after: Challenges and prospect.”

    Adoke said President Goodluck Jonathan signed the FOI Bill into law in view of his belief in  openness and transparency in the conduct of state affairs.

    The Minister said the reluctance by state officials in government agencies and ministries to utilise the FOIA would frustrate the commitment of the administration to transparency.

    He urged government agencies to appoint information officers who would handle requests for information.

    Aji, who was represented by Dr. Ezekiel Oyemomi said the “reluctance or lack of desire by public officers to shift from a culture of secrecy to one of transparency has also been identified as a militating factor against the implementation of the Act.”

    He said effort were being made by his office and the AGF’s office to encourage and demand that public bodies go beyond servicom and establish FOI units and help line for public use.

    Aji noted that there had been challenges in the implementation of the law.

    He advocated the extension of the time limit for compliance with FoI request from the current seven days to 14. This he said would afford public officers time to comply.

    “The system is not yet fully digitalised to cope with this. It may therefore be necessary to review the time limit. I recommend its review from 7 to 14 days within which information under the Act may be disclosed,” Aji said Odinkalu commended the President Jonathan and the National Assembly for enacting the FOI Bill into law.

    He noted that compliance with and utilisation of the law remained very low.

    Odinkalu said the FOI Act provided a foundation for realizing the constitutional promise of equality and implemented the political declaration in section 14(2)(a) of the constitution that sovereignty belongs to the people of Nigeria.

    Odinkalu said despite the identified challenges, there was  the hope that the FOI Act would produce positive impact in governance in the country.

    RKI’s Chairperson, Dr. Mairo Mandara, who stressed the importance of the FoI Act in the nation’s quest for development, argued that if Nigerians accept and apply the provisions of the Act, the leaders would have no option but to be accountable to the people.

    She argued that  irrespective of one’s status and areas of operation, the FoI Act affords everyone the opportunity to  contribute to the nation’s development

     

  • Bishop, SAN: Nigeria must be free of terrorism

    Bishop, SAN: Nigeria must be free of terrorism

    The Bishop of the Anglican Communion, Kaduna Diocese, Bishop Idowu Fearon, and a Senior Advocate of Nigeria (SAN), Mr. Charles Obishai, yesterday said the country must be free of terrorism.

    Obishai, in an interview with the News Agency of Nigeria (NAN) in Abuja, said in spite of the ban on the Boko Haram, the move towards a peaceful agreement was a welcome development.

    He said: “Everybody is clamouring for peace. Let there be peace in Nigeria, so if the issue of signing an agreement to bring in peace will settle the matter, let there be peace. For Boko Haram, they have a cause they are fighting. When they said they were granting amnesty to them, they said no that it is Nigeria that needs amnesty.

    “So, for them, they have a cause they are fighting, unfortunately not known to Nigerians but I think the Federal Government in its wisdom set up a committee that really met with them.

    “Since we mandated them to meet with the members of the Boko Haram and find a way out from this trouble, I think whatever peace agreement is signed,  I support   let there be peace in Nigeria.”

    The senior advocate urged Nigerians to embrace the move for lasting peace, adding that they could only go about their normal businesses in a peaceful and tranquil atmosphere.

    “Once there is peace in Nigeria, you and I can carry on with our functions. Without peace, then

    we are in trouble, so let that peace come and stay in Nigeria. If they can really drop their arms under the pretext that they have signed an agreement, let there be peace.

    “In war front, when a soldier raises his arms up, you don’t kill him. He has surrendered, you take him as a war prisoner but the moment he wants to shoot at you, you shoot at him. So at this point that Boko Haram has seen reasons and said we are wrong we need peace, we should embrace peace.

    “American government said in 2015 there will be no Nigeria, we must debunk that, we must tell them no, that beyond 2015, there must be Nigeria and if these are the steps to take to see that Nigeria exists beyond 2015 so be it.”

    Bishop Fearon said only those benefiting from the current crisis in the country would oppose the cease fire proclamation by the Boko Haram.

    Fearon told NAN in Kaduna that Christian groups opposed to the current rapprochement with the insurgents, should learn to encourage the process in the interest of peace.

    He said: “I heard some Christian groups were reacting negatively to the Boko Haram announcement of a cease fire. Any Christian who reacts negatively to this act of cease fire is part of the group whom we believed were benefiting from this crisis situation.’’

    Fearon expressed concern over the growing distrust among Christians on the efforts of government to end the current security challenges in the country, adding that “this lack of trust will not help us”.

    He said: “I want to plead with the Christian community, especially the leadership in this country, for the sake of peace, since Jesus is known as the Prince of Peace, I think we need to believe people when they say this is what they want.

    “I take objection to any leader who says this cease fire should not be trusted, you are not God, do not judge anyone whether a Christian or a Muslim. It would not help the government when we have leaders speaking negatively on the cease fire.’’

    The Bishop urged Muslims to use the period of the Ramadan to promote issues that would unite the country and engender peace and tolerance.

     

     

  • ‘NBA didn’t call for dissolution of Governors’ Forum’

    In this piece, General Secretary of the Nigerian Bar Associatrion (NBA) Emeka Obegolu clears the air on the comment of the association’s president, Okey Wali (SAN) on the Nigeria Governors Forum (NGF) crisis.

    Recently, Nigerian newspapers, online publications and faceless bulk text messages have been awash with grave misrepresentation of the position of the  National Executive Committee (NEC) of the Nigerian Bar Association (NBA) on the crises rocking the Nigerian Governors’ Forum (NGF). The public have been “informed” that the NBA President, Okey Wali (SAN) called for the proscription/banning/de-registration  or the scrapping of the NGF if they could not put their house in order. Nothing can be farther from the truth.

    Perhaps a brief narrative of the background of the proceedings at the NBA NEC Meeting held in Yenagoa, Bayelsa State will suffice to throw more light and enlighten readers on the basis for the position that will be adopted by this writer. Let me also state that as the General Secretary of the NBA with the duty to record and keep records of the proceedings of NEC, I feel a sense of responsibility to set the records straight and afford our members, and, indeed, Nigerians the records for all of us to make our deductions there from.

    Wali while making the traditional President’s speech to the NBA NEC traced the history of the Forum to the United States of America, where he identified the vision of the National Governors’ Association of the US as a body formed to identify priority issues and deal with matters of public policy and governance at both national and state levels.

    He listed the NGA’s interventionist schemes through working committees and special committees, all designed to raise the bar of good governance  for  the benefit of Americans.

    Coming home, the NBA President noted that the Governors Forum has failed to model itself after the NGA where the idea derives from. He said the existence of such a body should be for altruistic reasons and as such in the best interest of the nation, Nigeria.

    Wali concluded thus “The NBA calls on our governors to quickly resolve their crisis and get on with the business of governance which was why they have been elected Governors. If they cannot resolve their crisis very quickly, and face delivery of democracy dividends to their electorates, they must dissolve the body and stop this distraction as sooner than later, Nigerians will call on them, in or out of government to give account of their stewardship.”

    The NBA NEC, thereafter, adopted this presidential speech as a NEC resolution. By the adoption, the call became the NBA’s call to the NGF and no longer Okey Wali SAN’s call.

    Now, the underlined portion of the statement is instructive for the purpose of the argument – “Whether Okey Wali/NBA has become undemocratic, unlawful, anti-constitution or anti-masses” The allegations differ depending on the person making the allegation and the interest he or she wishes to serve.

    The call by the NBA is for the NGF to self-dissolve where the forum finds it difficult to live up to its own expectations and objectives. Self-dissolution of associations registered by Trustees is provided under the Companies and Allied Matters Act, specifically, Section 608.

    The NBA president also mentioned his inability to comment on the NGF Electoral dispute due to the pendency of a suit before a court of competent jurisdiction where the election is a subject matter, thereby reiterating the time honoured doctrine of ‘lis pendis’ that protects the sanity of courts and its processes.

    NBA acknowledges the freedom of association as enshrined in our constitution and cannot call on an external body to dissolve the NGF, as that would be unconstitutional.

    We, therefore,, urge very senior lawyers and commentators to always read speeches of NBA president as the chief spokesperson of the NBA before attempting to critique it and even then appropriate channels of critique and/or dissent should be followed to avoid dragging our profession into the political arena and inviting opprobrium to our Association.

     

  • Mbanefo inaugurates ‘Diamond Jubilee’ building

    Chairman, Board of Trustee BoT) of St. Saviour’s Schools Ebute Meta Lagos, Mr Louise Mbanefo (SAN), has encouraged stakeholders in the education sector to continue to invest in instructional materials and modern infrastructure.

    Mbanefo made the call at the inauguration of a Diamond Jubilee building and a borehole and water treatment plant at the school premises.

    The multi-million naira building, which came through collaborative efforts of the school’s alumni association, board of trustees, management, and parents, has eight classrooms powered with computers, interactive white boards, air-conditioners, as well as fire detector/alarm system.

    Other facilities installed are: audio evacuation, portable fire fighting appliances, library facilities, resource centres, language laboratories, office accommodation and 20 toilet facilities, across the floors.

    Speaking further at a separate forum which had in attendance the Lagos State Commissioner for Education, Mrs Olayinka Oladunjoye, who was represented by the Chairman, Lagos State Universal Basic Education Board (SUBEB), Mrs. Gbolahan Daodu, and the Director of Administration and Human Resources, Nigerian Railway Corporation (NRC), Mr Aminu Guso, among other dignitaries, Mbanefo urged members of the society to take responsibilty for educating Nigerian youths.

    He said: “I see the pain of dashed hopes, the agony of thwarted dreams and the regrets of expectations not yet met in the face of our students and youths at large. With her vast natural and human resources, it is still confounding that Nigeria is at the lowest rung of development, with highest incidence of illiteracy, mass poverty, hunger and starvation and constant outbreak of preventable epidemics.

    “But this can be tackled with impactful commitment from all relevant government agencies, successful individuals and cooperate bodies across board. We try to set the pace here at St. Saviours, on how best the education system should be run towards 100 per cent capacity building with modern facilities.”

    The Chair, Board of Management (BoM), Mr Tom Ogboi, in his address, noted that over the last 63 years, the school has cautiously followed the path of its founding fathers which, according to him, is to provide the foundation for a well-rounded education to develop the total man and character of the leaders of tomorrow in all of life’s endeavour.

     

    Mrs Khadijat Dawodu who commissioned the building lauded the school management board stating they are worthy of emulation. “We cannot but also mention that they have donated over 450 piece of furniture for public use in the state. What we are witnessing today is a product of their continued effort in raising the bar in primary education system,” she said

     

  • A workshop with a difference

    There is no greater joy for a journalist working in print media than seeing his works being published by his Editor.

    However, there is joy when one finds himself around young Nigerians, who have the nerve to bring about balanced and un-biased stories about happening in their various campuses, despite their tedious academic work.

    That was the kind of joy that went through me when I bought a copy of The Nation newspaper last Thursday and discovered that I had been selected alongside 49 others to attend student-writers’ workshop held in high-class Lekki part of Lagos.

    After an excursion to corporate headquaters of The Nation, we left for Citilodge Hotel, the venue of the workshop sponsored by Coca-Cola Nigeria Limited and Nigerian Bottling Company (NBC). We stopped by at the Ikeja Plant of the Coca Cola, which happens to be the biggest of all the 13 plants in the world. We had a tour round the facilities of the company and how they go about the various production processes. Peace Emele conducted the session.

    At the workshop session, Mr Femi Falana (SAN), a lawyer and right activist, was on hand to speak to us about the history of students’ struggle and governance. He went on to discuss how the economy of the country has collapsed to a very bad state and what must be done to salvage the situation. He told the stories of the good old days and how most of the present leaders enjoyed scholarship as undergraduates.

    The Lagos-based lawyer also mentioned how the late Gani Fawehinmi and the late Beko Ransome Kuti, himself and others fought for the mandate of Chief M.K.O. Abiola, the acclaimed winner of the June 12, 1993 general elections.

    A story, which particularly touched me was how he and his wife abandoned their home to sleep in hotels and locations that were not conducive due to the resolve of the then military government to eliminate pro-Abiola activists. He urged us to always stand for whatever is right on our campuses and be good ambassadors.

    I connect with Mr. Falana’s call for youths in Nigeria to come out en masse to participate in politics by voting in the right people. With a youth population estimated to be about 60 million, I believe this is an opportunity for us as young people to take our destinies into our hands and not just stand by and watch. This is not the time to be neutral and stand aloof since there is no other country we can call our own.

    With the rate of social vices and gross indiscipline among youths, I could not agree less that this year’s theme which was: Building up a drug free and non-cultist generation was timely.The second speaker, Mrs. Stella Ngwoke, Assistant Director Demand Reduction, National Drug Law Enforcement Agency (NDLEA), explained reasons drugs could be dangerous to one’s health. She noted that not all drugs are harmful as some of them are used to cure people. She, however, warned that caffeine, nicotine, marijuana and the likes can destroy the brain by making it less functional, which can even lead cause madness.

    She made us know that alcohol is the most abused substance in the world because most people just take it with recklessness not knowing that it can be injurious to their health. She named liver problem, kidney malfunction and heart disease as some of the results of abuse of these substances.

    A particular fact that shocked me in the presentation was the disclosure that research showed that tobacco shortens lives by 10 years. As she pleaded to us, I am taking this news back to my campus as a warning to many of my colleagues not to put their life on the edge in the name of smoking.

    Mr Lekan Otufodunrin, the Online Editor of The Nation, who has been my mentor since my Industrial Attachment in the media outfit and Mr Emeka Mba, Community Affairs Manager of Coca Cola, added glitz to the workshop with their inspirational words. Mr Agbo Agbo, the husband of the Late Mrs Ngozi Agbo, pioneer Editor of CAMPUSLIFE, spoke about how he did not want the passion and drive behind the dream to die.

    Mr Wale Ajetumobi, coordinaor of CAMPUSLIFE, whose carriage and charisma showed that he is ably shouldering the responsibility of the project not only anchored the event but also gave better writing tips to help the students towards becoming better reporters.

    To me, the experience was fulfilling. Coming across young men and women from various parts of the country to seek knowledge is an indication that Nigeria still has young people who are leader to take up responsibility. I salute my colleagues from Northern part, who travelled down to Lagos to attend the workshop.

    I won’t forget how Nurudeen Yusuf of the Lagos State University (LASU) addressed himself as the Senior Advocate of LASU (SAL). I won’t also forget how Habeeb Whyte, Law graduate of the University of Ilorin (UNILORIN) took the microphone and sang a particular song, which elicited laughter from students during our dinner on Saturday. Also the “peaceful chaos” precipitated by the Obafemi Awolowo University (OAU) contingents, which consisted Femi Ogunjobi, Sikiru Akinola and the rest when Mr Falana walked in. The rendering of Great Ife anthem. Falana could not help but join in singing the anthem with them. Also the “Mother of the Day”, Hannah Ojo, a graduate of OAU, and the “Father of the Day”, Gilbert Alasa, 400-Level student of University of Benin (UNIBEN), were also wonderful throughout the workshop.

    Olatunji Awe of Ekiti State University (EKSU0, Tomiwa Bello of WOLEX Polytechni, Damilola Olayemi of Redeemer’s University, our “photographer” Sulaimon Hassan of NTA Television College, my roommate, Kingsley Amatanweze of University of Nigeria, Nsukka are just a few out of all the lovely youths who made my moments at the workshop memorable.

    Mr. Wale deserves commendation as he was everywhere to ensure the smooth flow of the workshop. Richard Adura-Ilesanmi from my school was also another person whose passion to learn from the speakers was burning.

    I will say a very big thank you to the Coca-Cola and NBC.

    Finally, I am using this medium to pay a tribute to the late Aunty Ngozi, who encouraged me while I was still a student in the Lagos State Polytechnic (LASPOTECH) to get stories from my campus and also improve on my writing. I remember how I got used to changing my countenance whenever she pronounced my name as “Sheagun”. She was a woman who always wanted the best for us.

    Segun, 100-Level Political Science, AAUA