In continuation of its resolve to improve on the quality of and reduce the time frame within which bills are passed, the House of Representatives on Thursday passed 19 bills.

The bills, which, however, require concurrence of the senate and presidential assent to be made laws, cover serious areas of concentration of the present administration including anti-corruption, national minimum wage, strengthening of small and medium businesses, manufacturing sector, among others.

It will be recalled that the House only recently passed 130 bills through first reading on the same day. Many of those bills, it will be noted, have scaled through further legislative processes.

Some of the bills that were passed yesterday include the bill for an Act to amend the Advance Fee Fraud and other related offences act, a bill for an Act to Amend the Dangerous Drugs Act, a Bill for an Act to amend the Agricultural Credit Guarantee Scheme Fund Act and a bill for an Act to amend the Corrupt Practices and Other Related Offences Act to modify the definition of Bank and Money Instrument, review the composition of the commission and harmonise the tenure of offices of members.

Also passed were a bill for an Act to Establish the National Child Protection and Enforcement Agency, a bill to Amend the provisions of the Small and Medium Scale Enterprises Development Agency Act and a bill for an Act to Amend the Value Added Tax Act to review upwards the fines and penalties specified for offences under Act.

Another very relevant bill that was passed by the House is that of an Act to Regulate the Rights and Obligations under Tenancy Agreements and the relationship between the landlord and the tenant, including the procedure for recovery of premises in the Federal Capital Territory and other related matters.

Don’t forget you can Download Nigerian legislations

http://Lawyard.ng/legislations

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The Nigerian president Muhammadu Buhari has inaugurated the National Prosecution Coordination Committee (NPCC) for effective prosecution of high-profile corruption and criminal cases in the country.

Vice President Yemi Osinbajo, on Buhari’s behalf, inaugurated the 20-man committee headed by Attorney-General of the Federation Abubakar Malami, at the Aso Rock Presidential Villa, Abuja.

The vice president assured that Buhari was not interested in teleguiding the various anti-corruption agencies and prosecution authorities

He said: “When you look at the way the EFCC and other law enforcement agencies have acted in recent times you’ll notice that they’re not under any kind of direction of influence of the president. They’re given the independence to act; they’re given the authority and backing to act on their own and to use their own discretion appropriately at all times. You don’t get any situation where the president says go and get that person or back off that person. All of us know that the president is completely committed to fighting corruption and economic crimes and terrorism.”

The vice president noted that he and the president and expected the anti-graft agencies to use their powers with fairness and without prejudice, saying the same responsibility had been given to the committee.

“That’s the sort of responsibility placed on your own shoulders as well; the responsibility to exercise prosecutorial power independently and without any direction except of course from the learned Attorney-General who is the constitutional and prosecutorial authority in the country.

It’s a very serious responsibility because it also involves making sure that people are treated fairly or that people are not pursued by reason of bias or any other such consideration,” Osinbajo said.

The vice president stressed that it was important that those being prosecuted were not embarrassed needlessly by the prosecutors.

“It’s important everybody observes that the system is fair and that the system works in the interest of the Nigerian people. When the system is fair, everybody buys into it and it’s not difficult for people to relate with it and support it. Every prosecuting organ or agent has the responsibility to put in place a system that we ourselves would not be afraid to be subjected to,” he added.

He said in selecting members of the committee, consideration was given to their legal skills and learning as well as their integrity and strength of character in order to chart a new course in the nation’s criminal justice system.

The vice president stated that while the legal background was important, particular consideration was given to those who have courage and would not allow themselves to be cowed or influenced by tribe, religion, and friendships.

According to him, the composition of the committee is notable “as they take on their tasks at a time of an upsurge in pipeline vandalism among other criminal acts.”

He said: “Given the nature of economic crimes and the enormity sometimes of the money involved and the influence of those who may have to be prosecuted, you need more than legal skills. You need men and women of strong character and courage who will not only be able to turn down inducements of any kind but also act without consideration for tribe, friendship, religion or any other parochial considerations.’’

“This is a very important committee because the administration itself is committed to ensuring that we are able to deal with not only question of corruption which is a big item on our agenda but also other economic crimes. Terrorism has assumed different shapes and proportions of late, and the vandalism that we see in parts of the Niger Delta, which has affected so many different things including oil production, power supply,” says Prof. Osinbajo.

“We’re in a very crucial time in our social development and a committee such as this is very necessary and historic because I do not know of any other of such committee in the history of this country,” he said.

Osinbajo expressed the hope that the committee would make a huge difference “not only in headlines, but in actual delivery of results in in the next few months.”

Earlier in his remarks, the Attorney General said that the committee comprised 12 ex-officio and eight external members of proven integrity and competence.

He said that to fast-track the work of the committee the ministry had created 20 prosecution teams with four members each and had requested the all agencies exercising police powers to recommend five experienced investigators to support the committee’s work.

“The aim is to ensure effective investigation and prosecution of high profile criminal cases in Nigeria,’’ he stated.

He said the committee was not a duplication of the existing anti-corruption agencies, but that it would collaborate with such agencies for effective service delivery.

Members of the committee are:
Mr. Taiwo Abidogun, Solicitor-General/Permanent Secretary, Ministry of Justice;
Mr. Dipo Okpeseyi, SAN;
Mr. Chukuma Machukwu, SAN;
Professor Bolaji Owasanoye, the Executive Secretary of the Presidential Advisory Committee on Anti-Corruption,
Mr. M.S. Diri; Director of Prosecution, Ministry of Justice;
Mr. Pius Oteh;
Okoi Obono-Obla;
Mrs Juliet Ibekaku;
Mr. Abiodun Aikomo;
Mr. Kehinde Oginni;
Mr. Salihu Othman Isah; Special Adviser, Media and Publicity to the Attorney-General
Al-Amin Ado Ibrahim; from the Office of the National Security Adviser
Nafiu Yakubu;
Tunji Oluborode;
Eric Onokif Ifere;
Mrs Diane Okoko;
Temitope Adebayo;
DIG Abdulrahman Yusuf and
Sylvester Imhanobe as secretary.

Credit: Daily Trust

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The Economic and Financial Crimes Commission is set to arraign the current Chief of Logistics, Defence Headquarters, Maj. Gen. Emmanuel Atewe, for his alleged role in an N8.5bn scam involving the Nigerian Maritime Administration and Safety Agency.

Atewe was, until last year, the Commander of the Joint Task Force, Operation Pulo Shield, in Yenagoa, Bayelsa State.

The EFCC is also set to re-arraign a former Director-General of the NIMASA, Patrick Akpobolokemi; Kime Engozu and Josephine Otuga, alleged to be Atewe’s co-conspirators.

It was learnt that the four suspects would be charged before a Federal High Court in Lagos on 11 counts of stealing and money laundering

Akpobolokemi, who claims to be sick, is currently standing trial before a Federal High Court in Lagos for an alleged fraud of N2.6bn.

However, investigators of the anti-graft agency were said to have been stunned by the latest discovery.

A reliable source at the EFCC told our correspondent that NIMASA, under the leadership of Akpobolokemi, approved billions of naira to several military personnel, who were in charge of patrolling the creeks to prevent pipeline vandalism and illegal bunkering.

EFCC Chairman, Ibrahim Magu

He explained that when NIMASA released funds to these top military personnel for maintenance of equipment and fuel, the senior officers diverted the cash into private accounts, owned by firms, under the guise of rendering one service or the other.

The source added, “The suspects used five companies to divert the money. The sums of N2,006,270,930.67, N1,147,723,362.42 and N250,315,000.00 were at different times diverted through Jagan Trading Company Limited.

“A second company, Al-Nald Limited, was a channel through which N905,208,064.00 was stolen, while a third company, Paper Warehouse Limited, was used in diverting N605, 645,750.00.

“A fourth company, Eastpoint Integrated Services Limited was used in siphoning N1,871,795,679.14 while a fifth company, De-Newlink Integrated Services, was used in siphoning N68,293,199.29 and N86,198,462.54 at separate times.

“Akpobolokemi was believed to usually receive kickbacks from these military officers after releasing the money.

“This is probably what put us in this mess today. With the Niger Delta Avengers and other militant groups springing up, it has become difficult for the military to fight them efficiently because the funds meant for equipment have been diverted.”

One of the charges, which was obtained by our correspondent from the Federal High Court, read in part, “That you, Patrick Ziadeke Akpobolokemi, Major-General Emmanuel Atewe, Kime Engozu and Josphine Otuaga, sometime in 2014, in Lagos, within the jurisdiction of this court, with intent to defraud, conspired amongst yourselves to commit an offence, to wit: Conversion of the sum of N8,537,586,798.58 (Eight Billion, Five Hundred and Thirty Seven Million, Five Hundred and Eighty Six Thousand, Seven Hundred and Ninety Eight Naira, Fifty Eight Kobo), property of the Nigerian Maritime Administration and Safety Agency, and you thereby committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 15(3) of the same Act.”

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Mr. Magu spoke Thursday at a rally organised by the EFCC to sensitise Nigerian schoolchildren and teenagers on the perils of corruption to national development.

In a statement signed Thursday by EFCC spokesman, Wilson Uwujaren, Mr. Magu said the agency also blocked several channels that people of questionable character used to launder their ill-gotten wealth.

‘‘In just six months of this year, we have secured over 140 convictions, including some elusive ‘high profile’ criminals. We have recovered billions of dollars worth of stolen funds and blocked numerous avenues of money laundering,’’ Mr. Magu said while speaking on a theme: ‘‘We Must Win The War on Corruption and Impunity.’’

Mr. Uwujaren later told Journalists that Mr. Magu meant “within the last six months”.

Mr. Magu said he is enlivened by the growing optimism of Nigerians in the fight against corruption.

EFCC Ag. Chairman, Ibrahim Magu

‘‘Citizens are now more disposed to pre-emptively act against corruption; and where the act has been committed, they are willing to work with EFCC to fish out the criminals,” Mr. Magu said.

‘‘However, in order to ensure that justice is fully served to the victim, the perpetrator and the society, it is important for us all to continue to hold everyone in the justice delivery chain accountable.”

Mr. Magu urged the citizens to increase their scrutiny of the nation’s judiciary.

“Nigerians must also take more seriously their watchdog role over the judiciary to meet the yearnings of Nigerians for justice,’’ Mr. Magu said.

A former minister, Oby Ezekwesili, decried the miserable turn of events for Nigeria.

“Nigeria is a country that the whole world agreed had incredible potentials to be one of the leading countries of the world. As a matter of fact, at the time of Nigeria’s Independence, many around the world took a bet that Nigeria was the black nation that would likely put in hot pursuit all other nations of the world in terms of greatness that it had.

‘‘Sadly, 56 years after Independence, when some of those nations that took a bet on Nigeria look at what has become of the country, they ponder what has gone wrong. But what has gone wrong is what the EFCC has been established to tackle,’’ Mrs. Ezekwesili said.

Apart from youngsters in primary and secondary schools, Clean Hands Campaign drew a mammoth crowd of civil society actors in the fight against corruption, including Citizens for Anti-corruption Corps, Rivers State and the Patriotic Forum.
Story: Premium Times

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Following a unanimous decision of the board of Partners of Sterling Partnership, Laura Alakija has meritoriously been appointed to the rank of Partner following six (6) years of her unwavering commitment to the growth of the practice and its business.

Laura Alakija has been appointed a Partner at Sterling Partnerships

Laura specializes in providing legal support to commercial transactions across various industries including energy and natural resources, infrastructure and real estate, hospitality, technology and communication, transportation and project finance

She also specializes in corporate governance and has led the team in providing company secretarial services, compliance governance, corporate restructuring services and business licensing. A legal practitioner of over ten (10) years, Laura has continually set the bar for efficient and effective service delivery to our discerning clients and is an invaluable member of the team.

She graduated magna cum laude from the University of Derby where she obtained her LLM in Transnational Oil, Gas and Energy Law. She is a member of the International Bar Association, Nigerian Bar Association and Association of Professional Negotiators and Mediators.

In her new role as Partner, Laura will lead the firm’s Commercial Transactions and Corporate Law Group. She will also be involved with establishing some of the firm’s new practice areas and expanding our market reach both locally and internationally.

An honour well deserved, we wish Laura more success in her career

About Laura Alakija

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Company securities are basically funds available to the company and converted into a form of shareholding for a company operation which maybe internally or externally obtained. Company securities includes ; Shares, debentures, stock bonds.

SHARES
Shares is a fixed identifiable unit of capital that represent a members stake in a company share capital, it confers right and obligation on a holder, it is transferable. See. Sec. 567 (1) CAMA. A shares is a chose in action and property transferable as provided in the Article and terms of offer.
See. Boland trustee v. Steel Bros & co. And Sec.115 CAMA.

The Corporate Affairs Commission is Nigeria’s regulatory body for Companies

Shares can therefore be said to be one of the companies securities that are internally obtained, this is to the effect that upon the subscription to the shares of a company, the subscribers becomes members of that company, having the right and obligation as members of a company. i.e entitle to receive notice of meeting, and to attend meetings etc.

Thus; shares represent the interest of a member / shareholder in the company measured by a sum of money for the purpose of liability in the first place and of interest in the 2nd, but also consisting of a series of mutual covenants (agreement/obligation) entered into by all the shareholders.

TYPES OF SHARES
Shares are of different classes and have different rights attaching to them. They are:-.

1. Preferences shares: this are shares which gives the holder priority over other classes of shareholders in relation to dividend before anything is paid on other classes of shares. They are issued to members who do not want to partake in the risks of loss.

2. Ordinary Shares: here the shareholders bear the major financial risk of the company and are often the equity shares of the company. Unlike preferences shareholder, they do not attract special rights or privileges over other shares. Their dividend are not fixed and they they may rise considerably with the level of profitability of the company. Voting power and strength of the holders in the company’s meeting allow them to control the resolution of the meeting.

3. Deferred shares: this is also refers to as “Founders shares”. , this is because they are held by founders of the company. And it is so called because the payment of dividend and return on capital are deferred until payment has been made in respect of other classes of share. See. Sec.119 CAMA.

Right and Obligation attached to Shareholders

1). Right to notice of meeting
2). Right to attend meeting
3). Right to vote at a meeting
4). Right to payment of dividend
5). Right to transfer shares.
7). Right to have his name registered in the register of members
8). Right to sue the company and sue on its behalf.

Acquisition of Shares.

Company shares can be acquired by;
1). Subscription
2). Allotment
3). Transfer
4). Transmission.

NOTE: Having established that upon the subscription of shares, shareholders becomes members of a company, this means of acquisition of shares listed above, is also the same as the ways of becoming a member of a company.

DEBENTURE.
This are company’s securities that are externally obtained. Thus a company may borrow money for the purpose of its business or object and may mortgage or charge it’s undertaking, property and uncalled capital or any part of it and issue debentures, debenture stock and other securities. S.166CAMA.
Thus, a debenture is a document which creates or acknowledges a debt due from a company. They are issued to people from who the company had borrow money and they are called “Debenture holder”.

Types of Debenture
1). Perpetual Debenture: this is one redeemable only at the expiration of the fixed date, expect in the happening of contigency. S.171 CAMA
2). Convertible Debenture : here it can be converted to shares of the company, thereto making such debenture holder a shareholder and member of the company. S.172 CAMA.
3). Secured or naked : debenture make be secured by a charge over the company’s specific property or may be unsecured by any charge. Thus it’s is naked when it is not secured by any property of the company. S.173 CAMA.
4). Redeemable Debenture: this are debenture that are liable to be redeemed at the option of the company. S.174 CAMA.

And we also have : bearer debenture and registered debenture (this are however extinct).

by:

Dimeji Kuforiji is a Law Degree holder from OOU Ago Iwoye 

O.M KUFORIJI (LL.B)

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Third parties include all person who are not parties to the contract, agreement or instrument of writing. A third party in a suit is a person not originally a party to the suit but enabled by 3rd party proceedings to be brought into the suit as a party at the instance of the defendant who has a claim against him for contribution, indemnity or other remedy or relief connected with the plaintiff’s claim against the defendant.
As a general principle third party proceeding are basically a contest between the defendant in the action and the person who is joined to the action (Third party) at the instance of the defendant for the purpose of obtaining contribution indemnity or other remedy or relief against the person called the third party.

Nigerian Supreme Court; credit: informationng.com

The object of the third party proceedings are threefold:
(1) To prevent multiplicity of actions and thereby not only to prevent the same question being the subject of litigation on two occasions also to save the expenses involve in two independent action
(2) To have the third party bound by the decision reached in the proceeding between the plaintiff and the defendant
(3) To have the question between the defendant and the third party decided as soon as possible after the decision between the defendant and the plaintiff so that the defendant may not have to wait to establish his claim against the third party while the plaintiff is enforcing his judgement against the defendant

A third party is not included at the beginning of a suit, but later introduced by the defendant as a contributor arising from the action of the defendant, As far as liability arising from an action is concerned, the obligation of the third party is to the defendant in the action. Again the object of the joinder of the third party isto enable the defendant claim from the third party contribution, indemnity or other remedy or relief that may arise from the action.

EXAMPLE: ” X (A construction company) contracted with ” Y “(Building material dealer) to supply building materials for “X” to be used for a building project. At the time of the contract “Y” does not have the needed material in store, so he took the materials from “Z” (Another building material dealer) . Unknown to “Y” that they are of inferior quality, which lead to a collapse of “X” building project. X (construction company) brought an action against Y.
The principle of third party proceedings will then allow “Y” to join “Z” into the suit. This enables Y to claim from Z (who is now a third party to the contract/suit of X and Y) contributions, indemnity or other remedy or relief that may arise from the action.
The effect of this is that the judgment/ decision reached in the proceedings between the plaintiff (X)and the defendant (Y) is bound on the third party(Z).

by:

Oladimeji Kuforiji is a Law Degree holder from OOU Ago Iwoye

O.M KUFORIJI (LL.B)

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There are things we learn when we get busy and commit to serving others. There are others we learn by observing. Importantly however, when you make a mistake and get the correction, you become a master of that process for life. The key therefore is to push yourself more, take up the tightest of challenges so that you make more mistakes and become a master of more. This resonates with the expression: experience is the best teacher.

This generation however, came up with the coup d’etat that unseated the great teacher called experience and replaced him with Information. Instead of exposing yourself to learning how to knot a tie by trial and error, get data and watch a You-tube video that gives you all the information you need to knot a tie and you do it. Information thus becomes the headmaster and experience still a great guy but has become the lesson teacher. Experience however has the last laugh when the subject gets mis-informed, makes assumptions from little information sought or provided.

The flip side to the mistake and correction story is that while for some, correction is done in free willed, happy and jolly environments, for some others, the correction facility might be worse than the stench from an Ibadan corn seller’s fart *no offence*.

Ibadan has been super interesting recently. The queues have gone, tomatoes have been plenty with high prices, there is no much traffic, the courts have been seating and I have been busy getting so much information, avoiding assumptions and seeking means to learn from mistakes. One part of the busy-ness has been to propagate the gospel of ICT around town, being the President of the ICT CDS Group here in Ibadan. I would try to keep this restricted to the usual and just keep on the Ibadan story line. Prison gists should not be spread outside, information is super classified.

So first of all, it is a lie that corporate services here in Ibadan are any different from what obtains elsewhere to the extent of customer service and satisfaction and I can say to a large extent procedures. What is however different is the work culture. One of the sweetest cities to ease into is Ibadan because work starts at 8 and closes at 6. I remember walking into a corporate organization early in January and was told they are anti-past-seven and anti-weekend. It didn’t make sense to me because coming from Lagos, we worked our heads off till even past 10 in the night. Funny, I have lived here on low salaries, maintained my car to bae-taste, fed a little fat in regaining my lost meat from the Nigerian Law School and still not gone to the hospital for stress treatment.  While I cannot do but acknowledge Providence for the good deeds, I also must thank the environment of Ibadan for accepting me and bringing good to me. *splashes Schnapps*

It would be a mistake to have certain notions in your head getting into any new city. To new corps members, I think you should take my resolve to enjoy the city you get after redeploying from the obviously unbearable city you were first posted LOL. Now to my activities; I took out time to mourn my grandma in celebration of her life and its been most interesting. Since fuel became 145 naira, it has been seriously interesting not to make the mistake of going to see any human that is not interested in my sole financial progress – work-NYSC-Church-NIIT-HOUSE  my network, please don’t send a virus.

My CDS is an amazing one. I wanted to impact, so I prayerfully went into the ICT CDS in a bid to develop myself and impact the city of Ibadan. The month of MAY has been super interesting. We had our #GirlsInICTDay at two secondary schools. And the girls were over-joyed about the idea of not making the mistake of not getting ICT training regardless of what discipline they decide to go for. Next was our ICT graduation for inmates at the Prison at Agodi Ibadan. You should hear what one of the inmates said before he received the certificate properly branded with his name. You can go to “Empower the Inmate” page on Facebook and give a like in support of the program but we definitely will need more than the Like as time goes on.

I’m sorry I have been out of touch for the while, BUSY has been fun too and you can get busy in sanity not like my Lagos or Portharcourt counterparts. You can get busy here too without a large pocket like my Abuja counterparts. If you ask me, I think you should move to Ibadan.

Okezi Uwede-Meshack is a First Class Law Graduate of Babcock University. He was called to the Nigerian Bar in 2015 and is presently serving his fatherland in Ibadan, Oyo State.

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My attention has been drawn to the above-captioned article which was published today, MAY 29, 2016 in the online medium Sahararreporters. My first reaction was to laugh it off and totally ignore it but on second thought, I decided it would be unwise to unwittingly lend credence to the falsehood contained therein by keeping silent.
My initial thought was that if Sahararreporters was the credible medium I thought it was, it would not only have heard from persons like me whose reputation it set out to tarnish but would have investigated the hog-wash it spewed out as a story.

For a start nobody needs to hatch any plot “derobe Okponipere without due process” as the Legal Practitioners Disciplinary Committee (LPDC), after hearing a petition against TIMIPA JENKINS OKPONIPERE ordered his name to be struck off the Roll of Legal Practitioners in Nigeria sometime in May, 2013. This was long before I became the General Secretary of NBA. Consequent upon the order of the LPDC, the name of TIMIPA OKPONIPERE, was struck off the Roll of Lawyers in Nigeria on September 14, 2015. Upon his name being struck off the Roll of Lawyers in Nigeria, he ceased to be a lawyer and effectively lost the right to practice law in Nigeria. A simple investigation would have revealed this, if really the intention was to carry out an honest reportage and not to carry out spurious and sensational publication aimed at tarnishing people’s reputation.

NBA Logo Source: NBA Press Release

Despite the order striking off his name from the Roll of Legal Practitioners in Nigeria, Mr Okponipere continued to practice law. Upon this being brought to the attention of the Nigerian Bar Association courtesy of a petition written by the then INEC Chairman, Prof Attahiru Jega, who complained that Mr. Okponipere instituted an action in court on his behalf without his consent or authority, the NBA reported Mr Okponipere to the Police for practising law without lawful authority. The Police investigated the matter and charged him to court and the court remanded him in prison custody. Mr. Okponipere secured his release after his then lawyer Dr Gele obtained a letter dated July 9, 2015 from the Supreme Court which confirmed his name was still on the Roll of legal practitioners in Nigeria. Mr. Okponipere was able to get away with this because the police never informed the NBA of the pendency of the suit nor requested our presence in court as witnesses. These facts of the latter written by the Chief Registrar of the Supreme Court and his release came to our attention by virtue of papers Mr Okponipere filed in Court after his release.

I must pause here to state that the inadvertence and or failure to strike off Mr Okponipere’s name from the Roll this led to his being issued with a letter sometime ‘confirming that his name was still on the roll of legal practitioners in Nigeria’. The NBA then brought this to the attention of the relevant authorities and his name was then struck off the Roll of lawyers in Nigeria.
The Chief Registrar of the Supreme Court of Nigeria by a letter dated January 26, 2016 confirmed to the NBA that the name of TIMIPA JENKINS OKPONIPERE has been struck off the Roll of Legal Practitioners kept in the Supreme Court of Nigeria. The letter of course supersedes the earlier letter written to TIMPA JENKINS OKPONIPERE by the Chief Registrar of the Supreme Court of Nigeria on July 9, 2015.

Honourable Justice Mary Peter-Odili JSC

Let me state emphatically that I have never met nor ever spoken with Mr. Timipa Okponipere who claims I was allegedly hired by Honourable Justice Mary Peter-Odili JSC or any person whatsoever to derobe without due process. I have never demanded for anything from him or anybody whatsoever to discharge my duty, to bribe any person in respect of his matter or any other matter whatsoever. I cannot do that. I do not need to be put under pressure to discharge my duties as the General Secretary of the NBA which includes ensuring that persons who are not authorised to practice do not practice law. It was in the exercise of this duty that I made a direct criminal complaint to the Chief Magistrate sitting at Wuse Zone 6, Abuja as well as the Federal High Court, Abuja when I received report Mr Okponipere was still holding himself out as a lawyer and in fact appearing as counsel in those courts.
It is interesting to note that by a letter dated September 25, 2014 Mr Timpa Okponipere wrote the NBA, he claimed that his name has not been struck off the roll of legal practitioners in Nigeria. He also stated that the name that was stuck off sometime in May, 2013 is one “TIMIPA OKPONIPERE” which bears a close resemblance with his name, TIMIPA JENKINS OKPONIPERE.

In our response dated October 8, 2014, we reiterated that there is only one TIMIPA JENKINS OKPONIPERE in the Roll of Lawyers called to the Bar in Nigeria. The name “JENKINS” which appears in the TIMIPA JENKINS OKPONIPERE, is the middle name of the person.
I believe that if the publication were not actuated by malice, you would have sought to here the other sides to this story before going to town with the obviously self-serving write up. We all owe a duty to ensure that we publish the truth but then I know you would never do that as you don’t seem to care about the damage you do to people’s reputation. If you indeed stand for the truth, then I dare you to publish my own side of the story. If you remain, the Saharareporters we used to look up to for credible news, you must publish my own side of the story. I refuse to dignify your reportage by asking for an apology.

Mazi Afam Osigwe
General Secretary, Nigerian Bar Association

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The Council of Legal Education (CLE) is entitled or legally empowered to prescribe conditions or additional pre-conditions for admission into the Nigerian Law School. Section 1 (1) of the Legal Education (Consolidation) Act, 1976 establishes the CLE (Council of Legal Education) as a body corporate”with perpetual succession and a common seal.” Section 1 (2) then provides that it (the CLE) “shall have responsibility for the legal education of persons seeking to become members of the legal profession” in Nigeria. Note also that the CLE has the responsibility of continuing legal education in Nigeria (under section 3) but this is not relevant here.

Section 5 (b) of the Act provides a basic condition for an admission into the Nigerian Law School as follows: a person shall be entitled to be called to Nigerian Bar “if he has, except where the Council otherwise directs, successfully completed a course of practical training in the Nigerian Law School which … lasted for a period fixed by the CLE as an academic year.” Agreed, possession of the LL.B Degree from a university is a condition for admission into the Nigerian Law School. But under the “incidental powers” of the CLE, as provided for under section 1 (5) of the Act, and confirmed in the case of Okonjo v. Council of Legal Education, the CLE has prescribed additional conditions for admission into the Nigerian law, and for qualification for call-to-bar. It is therefore not correct to say that possession of the LL.B Degree is the only condition or requirement for an admission into the Law School. Please go and read the case (Okonjo’s case). Besides, one must take special note of the import of the expression, “except where the Council otherwise directs,” as contained in section 5 (b) of the Act on the powers of the CLE with respect to prescribing conditions for bar admissions and eligibility for call-to-bar.

Before I go further, let me quickly point out here that, to appreciate the position of the Nigerian Law School (ie, the CLE) in insisting that certain standards must be met by university law faculties before its graduates would be qualified for an admission into the Law School, one needs to look back at to as far back as 1959, when, to correct the problems of the legal profession in Nigerian, the Federal Government set up a Committee under the chairmanship of the then Attorney-General of the Federation, E.I.G. Unsworth. The committee had been mandated “to consider and make recommendations for the future of the legal education and admission to practice, the right of audience before the court and the making’ of reciprocal arrangement in this connection with other countries”. From the committee’s report published in October 1959, the following recommendations, among others, emerged, namely — that the Council of Legal Education should be established for Nigeria, and that “any person graduating in law from a university which has not accepted the syllabus recommended by the Council of Legal Education (CLE) should be required to take further examination as the CLE may prescribe. It was the Federal Government’s acceptance of recommendations of the Unsworth Committee that led to the promulgation of the Legal Education Act 1962 and the Legal Practitioners Act 1962. The Legal Education Act 1976 was an act to “re-enact” the 1962 Act.
The CLE is in form of a regulatory authority, responsible for prescribing rules and regulations, conditions and standards that must be met or complied with by any person aspiring to become a legal practitioner in Nigeria. Hence, in section 1 (5) of the 1976 Act, it is confirmed that the CLE “shall have power to do such things as it considers expedient for the purpose of performing its functions” under the Act. Section 1 (5) is therefore in the form of incidental powers. Pursuant to this provision, the CLE has prescribed additional conditions (other than mere possession of LL.B) which a University Faculty of law must comply with before its products are eligible for admission to the Law School. The CLE has also prescribed good conduct for admission and the court has upheld it in Okonjo v. Council of Legal Education, FCA/L16/78 delivered on March 12 1979, 1979 Digest of Appeal Cases (DAC) 28).
One other authority that plays no mean role in determining eligibility of persons for call-to-bar is the BODY OF BENCHERS. Under section 3 of the Legal practitioners Act, 1975, as amended, the BOB has the following powers, among others— (a) Formal Call to the Bar of persons seeking to become legal practitioners. See S.3(1) Legal practitioners’ Act (b) exercising disciplinary jurisdiction over members of the legal profession and students seeking to become legal practitioners. See S.8 of the 1994 Decree; (c) to make Regulations prescribing the keeping of three dinning terms by aspirants to the Bar and that the aspirants must be of unblemished conduct and are to be sponsored by two members of the Body of Benchers; (d) issuing Call-to-bar Certificate to deserving aspirants (see S.4(3) Legal Practitioners Act) and (e) making regulations for maintaining the traditional values of the profession. Accordingly they have prescribed keeping of 3 dining terms, unblemished conduct and sponsorship in writing of aspirants by two members of the Body of Benchers. Working hand in hand with the CLE, the BOB has played tremendous roles in determining and setting some conditions for qualification as a legal practitioner in Nigeria. As is easily seen, failure to meet relevant conditions would disqualify one from either being admitted to the NLS or from call-to-bar, regardless of one’s LL.B certificate — even if one has a first class.

Typical Nigerian Law School Law dinner

Back to the Council of Legal Education, the point here is that the powers and functions of the CLE are different from each other, even though complementary in this respect. While the NUC has the responsibility for approving the establishment of universities and faculties, the CLE is concerned with setting standards and rules that Law Faculties in Nigeria must comply with in order to be eligible for an admission into the Law school. These are in addition to those set by the BOB. So, the mere fact that the NUC has approved the establishment of a law faculty does, without more, render its products eligible for an admission to the Law school. There are additional conditions the CLE and BOB require that universities operating Law Faculties must meet. And any university that fails to meet these conditions stands the risk of having its graduates denied an admission into the Nigerian Law School. This is where NOUN (the National Open University of Nigeria) comes in. And here lies one reason (incontrovertible, in my opinion) for denial of NLS admission to NOUN graduates. It must however be stressed that NOUN is not the only university affected or excluded by the CLE for these reasons. If you visit the Nigerian Law School Website , you would see announcements such as this: “Houdegbe North American University students are not eligible to apply for an admission intio the Nigerian Law School.” Madonna University, Okija, Anambra State is affected by this; it was shut out in 2013. So also is Lead City University, Ibadan, Oyo State, and a host of others.
In the case of the NOUN, I think that one other major reason for the decision by the CLE is the CLE’s insistence, with the support of the BOB, and most justifiably so, that “the study of law must be undertaken on a full-time basis.”
At this juncture, I need to respectfully refer us to a statement made by the current Director-General of the Nigerian Law School, in support of the decision of the CLE on this matter. While responding to a question as to why graduates of the National Open University are not being admitted into the Nigerian Law School, the DG of, Mr Lanre Onadeko, summarized the position thus (and quite correctly, in my view):

“The issue is about rules and regulations. The Council for Legal Education is the regulatory body for legal education in Nigeria, and it is established by a statute, the Legal Education Act of 1962, as amended, and now the Legal Education Act of 2004 Laws of the Federation. The Open University and other institutions offering distance learning and correspondence programmes were specifically precluded by the Council of Legal Education and the Board of Benchers. The Body of Benchers is the body set up by law under the Legal Practitioners Act for the main purpose of admitting new lawyers to the Bar. They are the only body empowered by law to call lawyers to the Bar, while we are supposed to train them, conduct qualifying examination and issue them with qualifying certificates. The Body of Benchers will then consider them, based on their character, among other things, and if they are found worthy, then they will be called to the Bar. After a general review of the legal education terrain, it was decided that it was not in the interest of the profession to have law studied part time or by correspondence, because the study of law transcends the classroom and library somewhere. It is a total package. You must have heard about the law dinner at the Law School. These are part of the component parts of ethics and the general molding of a total lawyer that is beyond the classroom. There is a lot to the training of a lawyer in using communication skills. They were found to be deficient in those who studied law by correspondence and other distant learning modules. That was why these two bodies decided that if you want to study law, go into a properly-accredited law faculty and study law. You don’t study medicine by correspondence or in the Open University. It is the same with engineering and pharmacy, among others. Every profession has its own criteria of admitting those aspiring to enter the profession and that is what these two bodies empowered to regulate the profession have done. This has been communicated to the general public over and over again. There are advertorials on it and it is on our website and everybody is aware of this. If any institution decides on its own volition to proceed to run a course at variance with what the bodies set up by law to regulate the profession have stipulated, so be it. …”The Nation Online

It is therefore clear that this issue is not about sentiments. It is about maintenance of set standards in line with guidelines laid down by law and in compliance with universal best practices. As I have stated earlier, “there are no short cuts to any place worth going to.” As one commentator has stated, any person who goes to the NOUN as it is currently, goes there only to acquire some knowledge on principles of law, and certainly not with the aim of becoming a legal Practitioner in Nigeria. To be honest, I seriously doubt if any such principles of law are even seriously taught at NOUN. The first question is, who teaches law to the NOUN students? I have tried to answer the question in my earlier post, when I compared the situation at the NOUN to what obtains for students preparing to write O Level GCE in Nigeria. I have then summarised by stating thus: the system at NOUN is not full-time, and cannot be described as part-time; it is certainly worse than part time. The next question is, if universities with established and operational law faculties, with fulltime academic staff and facilities (such as Madonna, Lead City, etc) could lose CLE’s accreditation and be denied NLS admissions, acceptance or approval, how on earth does one even begin to mention the case of the NOUN, which lack virtually all of those? If I am asked to personally rate the NOUN law faculty in comparison to those of Madonna, Lead City etc, I would in all honesty and disinterestedly score NOUN 05 per cent (five per cent) in terms of compliance with standards, while giving Lead City, Madonna and others far above 40 per cent. If CLE denies admission to Madonna’s and Lead City’s students, how does any reasonable person expect CLE to accept NOUN students? To use David Cameron’s word, the system at the NOUN Law faculty is “fantastically” below acceptable standards. By the way, are we not aware that the CLE and the NUC have for a long time now suspended part-time, evening regular and distance-learning law programmes hitherto operated by almost all the university law faculties in Nigeria? Was it not the same reason of maintenance of standards and compliance with rules, among others, that had lead to this action by the CLE/NUC?

Having said all these, I think the starting point for the NOUN is to establish a formal (I do not want to use the word “conventional”) Law Faculty, employ academic staff members on a full-time basis, put in place a standard law library, moot courts, law classrooms and other relevant facilities, and human and material resources; none of these is currently in place, which is why I personally continue to wonder where those advocating that NOUN “law graduates” should be offered an admission into the NLS got the justification for such odd call. Seriously, it beats my humble imagination and that of reasonable men and women in Nigeria and beyond. Anyway, it is after the NOUN has taken the steps aforesaid, among other relevant requirements, that it could approach the CLE to consider whether or not to revisit its decision and current position relating to accreditation (by the CLE) and admission status. Until the right things are done and, necessary steps taken by NOUN, in this respect, admitting the NOUN graduates to the NLS might signal the beginning of the journey to a quick end for law and legal studies and the legal profession in Nigeria. This is strictly my personal opinion. I still plan to release a more detailed opinion, write-up, on this point, to try to contribute to the on-going debate — a debate I consider most unnecessary.
Thank you.

From Sylvester C. Udemezue (udemsyl@hotmail.com)

The post Sylvester C. Udemezue: Between NOUN, NUC And The CLE, A Legal Pespective appeared first on Lawyard.

The Lagos Division of the Court of Appeal on Tuesday ordered Barewa Pharmaceutical Company to pay a fine of N1m for the sale of a contaminated baby teething mixture, My Pikin, which resulted in the death of a number of babies in the country in 2008.

This report by the Independent UK newspaper provides some detailed background of the contamination crisis which happened in 2008:

At least 84 babies have died in Nigeria after being fed a tainted teething syrup containing chemicals used in anti-freeze and brake fluid, the Health Ministry in Abuja has revealed.

The contaminated drug called My Pikin, Nigerian pidgin for “my child”, brought on fever, convulsions, diarrhoea and vomiting, and left the victims unable to urinate. Of the 111 babies known to have received the poisonous batch, three-quarters have died. The scale of the fatalities and the horrendous nature of the babies’ deaths has sparked outrage in the West African nation, where the government is accused of failing to warn families of the danger. “The death of any Nigerian child is a great loss to the nation,” said Nigeria’s Health Minister Babatunde Oshotimehin. “The Ministry of Health sincerely regrets this painful incidence and sympathises with the nation and the families directly affected.”

News of the deadly syrup emerged in November 2008 when children as young as two months began dying of organ failure and a government investigation was launched. Pharmacies were told to turn over the stock of the mixture. It remains unclear whether all supplies of My Pikin have been returned.

Investigators found that the paracetamol-based mixture had been laced with an agent more commonly used as engine coolant – diethylene glycol.

It is sometimes illegally used as a cheaper alternative to glycerin in products like toothpaste. However, large doses of the chemical can cause massive liver and kidney damage even in adults. Batches of My Pikin were contaminated after the producer bought the chemicals from the slums of Lagos to save costs, according to Nigeria’s food standards agency NAFDAC.

Producers of the My Pikin teething mixture, Barewa Pharmaceutical Company and some senior officials of the firm were subsequently charged before a Federal High Court in Lagos which convicted them. An order was made for the compulsory winding up of the company while two managers were sentenced to 7 years imprisonment each.

The Punch newspaper provides a report of the Court of Appeal’s decision on Tuesday:

In a lead judgment read by Justice Chinwe. Iyizoba, the Court of Appeal set aside the decision of a Federal High Court in Lagos, which on May 17, 2012 ordered the winding up of the company and the forfeiture of its assets.

Rather, the appellate court ordered Barewa Pharmaceutical Company to pay a fine of N1m for the offence.

The Court of Appeal however upheld the seven years imprisonment imposed on the company’s Production Manager, Adeyemo Abiodun, and its Quality Assurance Manager, Egbele Eromosele, by the lower court.

“The order for the winding up of the appellant is set aside, instead the appellant is sentenced to a fine of N1m,” Justice Iyizoba held.

The Federal High Court had in a judgment delivered in 2012 by Justice Okechukwu Okeke, now retired, convicted Barewa Pharmaceutical Company, Abiodun and Eromosele on two counts of conspiracy and sale of a harmful teething mixture pressed against them by the National Agency for Food and Drug Administration and Control.

But displeased with their conviction, prison sentence and the winding up and forfeiture orders, the company and its officers filed separate notices of appeal before the Court of Appeal, seeking to set Justice Okeke’s judgment aside.

However, in its judgment delivered in 2013, the Court of Appeal upheld the decision of the Federal High Court on the conviction of Abiodun and Eromosele, but set aside the order for the winding up of Barewa Pharmaceutical Company.

Not pleased with the decision of the Court of Appeal, Abiodun, Eromosele and Barewa Pharmaceutical company subsequently appealed to the Supreme Court.

In a judgment delivered on March 18, 2016 by a seven-man panel led by the Chief Justice of Nigeria, Justice Mahmud Mohammed, the Supreme Court set aside the decision of the Court of Appeal and ordered a fresh hearing of the case at the Court of Appeal.

Justice Bode Rhodes-Vivour, who prepared the lead judgments in the three appeals, which were read by Justice Sylvester Ngwuta, noted that what the  Court of Appeal treated and delivered judgment on was an abandoned notice of appeal filed by the appellants.

The apex court thus ordered the appellate court to hear the appeals on the “valid notice/grounds of appeal” filed on July 3, 2013 by the appellants.

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Freedom is an invaluable experience better appreciated when lost. This is however the reality of many poor Nigerians in various prisons across the country, too poor to afford legal services or meet bail terms. In a recent Facebook post, young lawyer, Damilola Yakubu reflects on the situation of things and we thought to share:

“Freedom is a kind of prison.” – Brymo, ‘Them Dey Go’.

Presently, I lead a litigation team of 20 plus lawyers serving in Calabar. We represent indigent citizens awaiting trial, pro-bono, as part of our ‘community development service’. Week in, week out, I have cause to guess at what freedom means to different people.
I remember the man we helped get an order of release for last month. I remember his eyes and what I saw in them. They will remain with me for a long while. It was not just the disbelief in them, but the uncertainty. Not just that he didn’t expect to go home that day, but that he wasn’t even sure where to go from there. And skirting around that uncertainty was a kind of cautiousness – a reminder ‘to go and sin no more’. Freedom, for him, was still a kind of prison. It was what got him there in the first place. We are not truly free to do as we please.
And even as Kendrick’s words from Beyonce’s song – ‘Freedom’ – reverberate in my mind, I cannot but hear the irony.
“And when they carve my name inside the concrete, I pray it forever reads (freedom).”
Freedom does have its limits.

In Calabar, from the courtroom to the prisons, to the slave museum, I am learning the beauty of freedom like a blind man tracing the bricks of a finely-crafted wall.

#NYSC #Calabar #Freedom #Prison #Slavery#LegalAid #CDS #Memory

Editor’s Note: The above post first appeared on Damilola Yakubu’s Facebook wall here, and has been published with his kind permission.

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In this episode, Okezi Uwede-Meshack laments the state of a society where the poor are not protected and calls for more attention by the government to social welfare as prescribed by the 1999 Constitution of the Federal Republic of Nigeria.

Cuff-links fixed, shirt starched to taste and tie sitting beneath the V of the crisp collar; the suit, well hung on the handle just above the window at the rear passenger seat by the right. Windows tightly wound up, and temperature at 15 degrees blowing from the vents on the dashboard. Horns … Aishat opens the gate, waves bye and I tuck in the seat belt, fix my phone to play cool rhythms of my favourite Hillsong and Brother Tye Tribette as I drive calmly to my office. My NYSC “Hairdress” seats somewhere near my blue and black ball (the other side of the double edged sword I use in defense just if I am accosted by Police men).

With such rhythm and positive mindset after some sweet morning communion with the Father, the day always starts perfectly with great prospects till the devil begins to tell lies by inserting clips of annoying newspaper headlines at the Iwo round about. As if those lies are not enough, traffic starts, with no cause, and then I remember there are no traffic lights and the ills of the society continue to reverberate from the lines of the music I’m listening to. Just about that time, you see children of not more than 12 run to the side of the car, cast their bodies on the window pane, muffling words I can’t hear with their Hausa intonations, then you hear the Yoruba ones (they don’t need microphones to give sermons on the mount), and just through the traffic, to exactly beneath the bridge, and you see at least 5 humans whose genders you really cannot decipher – dreadlocked hairs from dirt, brown and white skins with the undertone of blackness, dirty clothing with the color and smell of decayed beverage, dreadful eyes, absent jewelry and constant communication with the divine.

One thing is sure: if you didn’t have morning devotion in your house, you can get a tanker full of prayers before you get to your office if you can take a walk down the streets on your way to the office. I have lived in Lagos, Abuja and Warri, and I have not seen beggars make so much of a statement. I am sure it is this sort of attitude that vexed the Government in Aminata Sow Fall’s La Grève des Battu (Beggars’ Strike). But no matter how important their presence may mean for any society as was emphasized in that book, the increase in the population of such people tell a lot about the degrading nature of the economy, value system and religion in any society. My constant question to most of them is: if your prayers really get answered, can’t they be self administered? But not to be totally out of my empathy, I drop a few notes sometimes when I am given the opportunity to roll the glass down and ask questions sometimes. I got back from Uyo at 11pm the other time, got to that roundabout and a child walked up to me demonstrating with his hands, one in his mouth and the other stretching towards my pocket. I asked: why would you be out this late? Is it this night you still want to eat? Would you eat money or you have a means of turning this money to food by this time of the night? There weren’t even bikes outside not to talk of amala joints.

The insane ones are worse. Theirs is quite even a sorrier case because they don’t have a mind that is physically controlled. If you live in Ibadan long enough, you would know that the concept of “unknown phenomenon” in the wordings of the Criminal Code Act, is real, extant and functional. There is no major bus-stop you won’t find a litany of them in Ibadan. Good part, I have not seen or heard anyone say he’s been disturbed by any one of them. I heard the story of one, who walks to and fro my office street at least once a week. He was amongst those raided by the police at the bus-stop one fateful day, and was arrested and dumped at the Agodi Prisons for nothing; no arraignment for about 15 years, his family relocated and when he came out, he couldn’t remember anything neither did anyone recognize him. So he lost it and just keeps walking and talking around town.

With the population of mad people and beggars in Ibadan, I am sure they would form an entire local government with Obasanjo’s Local Government reform calculations. A society that does not care about the living but handicapped either mentally or physically, what concern will they therefore show for the thousands that die every day either from abductions, the highways, or domestic violence, except he/she is a minister or publicized by Anty Linda. Much as I believe that the economy and societal circumstances definitely make 80 per cent of us lose some part of our sanity, I still hold the view that the social welfare of the Nigerian citizenry which is part of the constitutional duties of our Government as enshrined in the Chapter Two of the Constitution, should be upheld and pursued. Though non-justiceable, it is obtainable, and demands should be made to the appropriate quarters till there is a change.

Okezi is First Class Law Graduate of the Babcock University, Ogun Sttae and was called to the Nigerian Bar in 2015. He presently lives in Ibadan.

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Members of the Moot and Mock Committee of the Faculty of Law, Obafemi Awolowo University (OAU) recently emerged winners of the African round of the Manfred Lachs Space Law Moot Court Competition and will therefore represent the continent at the World Final in Mexico later in the year.

The team of IFELAW students led by Timilehin Adekemi defeated their counterparts from the University of Pretoria in South Africa at the final stage of the competition on Friday, May 27th to emerge champions of the 5th edition of the competition while also picking the award for the best brief of argument.

The OAU students had earlier met equally brilliant representatives from from top Ugandan school, the University of Makerere and the University of Pretoria at the preliminary stage where they argued the dispute scenario as applicants against ‘Makerere’ and as respondents against ‘Pretoria’ before before emerging to the final on aggregate points.

Members of the OAU Team with Friends in Pretoria

Like Timilehin Adekemi, another member of the team, Irene Ekord, is a 400-level student of the Faculty of Law while the third team member, Tolulope Dada is a 300-level student of the Law faculty. A senior lecturer at the faculty, Dr OA Orifowoomo supervised the team.

Concerning their victorious stint in South Africa, here is what Adekemi has to say:

“Truth be told, I feel grateful first to God and to my parents and to everyone who trained us (Caleb, Simi, Dessy and Peace among others). For a while, the trip seemed impossible due to paucity of funds but with God on our side, we were able to raise the money.

“It is important I add that it was our parents who sponsored our trip, right from the Passport to Visa and to Ticket costs. Dr Orifow0omo was also a blessing and a father to us as he added the remainder of the money.

“The Competition was slated for Thursday and Friday but we did not get to our hotel in Pretoria until about 6am on Thursday yet we had to appear in court by 9am. It was tough. We could not easily relate with other participants and till we left, many of them regarded us as snobs.”

Asked about his expectation for the World Finals which OAU has participated in on two previous occasions but somehow failed to win, Adekemi said:

“My expectation for the World Finals is high. We sincerely however need to intensify our preparations because the best universities in each region qualified to the World Finals. We need to step up our game but with God on our side, we will achieve more.”

As African champions, the OAU team will now represent the African continent at the World Final of the Manfred Lachs Space Law moot in Mexico in September. The world final is an integral part of the International Astronautical Congress (IAC) to be hosted by Guadalajara, Mexico from 26th September to 30th September, 2016.

The Manfred Lachs Space Law moot court competition is a global advocacy contest for Law students that seeks to develop the capacity of students in the area of Space Law. It is organised annually by the International Institute of Space Law in conjunction with other affiliated bodies and features both oral and written arguments on hypothetical disputes around space exploration.

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Just days back, at a Channels TV Democracy day parley, a member of the audience had made a strong remark in which he indicted the Presidency by saying that since sworn into office, President Buhari had found it expedient to visit a long-list of other countries both far and near, but that in this season of peregrination he never considered it a fatherly necessity or an article of wisdom, to visit the two regions that apparently did not vote for him in the last general elections, namely the South-East and the South-south, to at least demonstrate to them that not one of the Six geo-political regions will be a cast away in his new government. This remark by that Nigerian who happens to be an Hausa, at least from his looks, was obviously made against the background of recent upheavals, restlessness and violence that has since characterized these two regions; two regions that today stand as stubbornly renegade flies threatening to rip-off the scotrum of the current government.
Shockingly, when this remark was passed over to the Senior Special Assistant to the President on Media, Mr.Femi Adesina who was one of the discussants at the parley to gauge his reaction, the best he could offer to such a sensitive question was to arrogantly and quite perfunctorily respond that by the 2nd of June, 2016 the President will be physically present to flag-off the Ogoni-land clean up exercise. His response was both dismissive of the young-man’s remark which he must have considered polemic, since he is now a member of government, and one that he must have felt was disrespectful, since most of them having been given appointment under the new government now feels the President should never be questioned. One can therefore say that Mr.Adesina must have felt good with himself answering that young-man the way he did, except that in his mortal shortcomings as another Man privileged to be in the corridor of power, he forgot too quickly that he may perhaps be working for a President, who he himself can neither advise nor understand.
Sadly, contrary to all of Mr.Adesina’s boastful brags about the ostensible inclusivity and egalitarianism of his government, and to the bewilderment of the expectant people of the region, the President eventually failed, refused and neglected to show up at the formal flag-off of the Ogoni-land Clean up exercise, and for the umpteenth time a government that had recklessly promised to do everything differently, simply went the way of past governments by somersaulting on its own words. There is no gainsaying the fact that the President’s expected physical presence at the flag-off exercise was the last life-line the President had to try find his way back into the heart of the people of the Niger-Delta, particularly the indigenous people who in the last 12months have felt a total sense of abandonment in his government. No excuse will suffice for the President’s very shocking absence at such an historic event. Of course we expect that in the next couple of days, the usual lazy man’s argument will be given, that the President became privy to very sensitive security reports that the ordinary man may not know, which was what made it unsafe for him to attend. But then, did the security situation that gave birth to that report start on the morning of the flag-off? After all, the President must have been consistently briefed on the resurgence of violence in the region, so much so that a responsible decision would have been taken at a much more auspicious time than on the morning of the event. Again, this manner of unconscionable cancellation of historic visits, only betrays the government as one with a tattered decision making and information management apparatus, something that a renowned Social commentator, Suraj Olawale has aptly captured as the traits of a ‘government that talks first, only to think later’.
The greatest of leaders are not simply men of intimidating integrity and a well advertised Spartan lifestyle, but are Men who imprint their names solidly in the sands of times by courageously and personally leading the way in the most difficult of situations and the most dangerous of circumstances. For such leaders, no excuse no matter the weight is good enough to dissuade them, when it comes to showing their people that they have a father that would personally be on ground to show them they are safe in his hands. As a matter of fact, such leaders are known to always seek out occasions like this to show their strength of character, fearlessness, and total defiance to any threat to the people. Now, by his disappearance, is the President telling Nigerians that he would indeed have suffered harm or grievous bodily injury if he had gone for the flag-off? Is he saying that as President, he does not feel safe in a certain part of the country he has been elected to govern? Since he chose to send his Vice-President to an unsecured region, if any harm was to come his way is he saying that the same harm couldn’t have come the way of his VP, or is he saying the VP is supposed to be a Scapegoat? What kind of message is the President, as Commander-in-Chief sending to the Niger-Delta Avengers by his latest disappearing act? Is it a message of I can’t be intimidated your actions notwithstanding or a message of I will only visit my people when my life is not threatened? If a country’s Commander-in-Chief will not be present for a historic event, all because pipelines are been blown up, how does he instill confidence in the local people that they are in whatever may be happening together and that the Oil in the region is not more important than the people?
No one can justify the President’s absence at the Ogoni flag-off, and no Minister of Information or anyone for that matter should come around trying to spoon-feed Nigerians with another set of counter-intuitive tale on this matter, as leadership is not rocket science. As a prominent theme in political history, we have seen great Presidents visit the most dangerous parts of their country and even overseas territories, just for one thing – to make a profound statement that no one is capable of intimidating government by any stretch of imagination. In every country, the President is seen as the major symbol of government and embodies the courage, power and might of the State. We have seen how Presidents of other nations, defended their nations even with their lives. Without going too far to consider very outstanding heroic moves of foreign Presidents that we all know, even President Goodluck Jonathan during his early days in office, was known to have personally visited the one of the most dangerous hideouts of the then Niger-Delta Militants, even at great risk to his safety and life. That is what is called ‘Leadership’.
For crying out loud, there are better ways of doing things than this. Even if the President would have moved the whole army of the Federation to secure that flag-off ceremony; even if the entire venue would have been saturated with no less than 200 Snipers hanging from Military transport planes and fighter jets combing the skies; even if the entire vicinity would have been cordoned off by fearsome looking Commando and Marine units of the Military on Armoured gunboats; even if the President himself would have been fully dressed in bullet-proof vests covered with Agbada and heavily guarded with the best machine-gun bearing Agents of the DSS; even if using the world acclaimed Clausewitzian principles of Military strategy encompassing speed, surprise, concentration, security, information and offensive, the President decides to land in a Military Armoured Helicopter gunship, spend less than 5minutes to conduct the flag-off ceremony and take off immediately under tight security; the LEAST the President of a country in this very sensitive time in his Presidency, a Man who claims to belong to nobody but to belong to everybody, should have done was to have been physically present at the flag-off of that Ogoni-land Clean-up exercise.
Popular democratic presidentialism is not achieved under a regime where the President is like the notorious ‘fulani herd-man using one single rod to command and control one hundred cattles’. Rather, it is accomplished in an atmosphere of institutionalized self-government serving both the ‘majoritarian feudals’ and the ‘minoritarian peasants’, while at the same time fostering non-coercive and non-intrusive citizenship. It is therefore my considered opinion that this is the lowest of the President’s acts so far and if there is any sort of right-thinking in the APC at the moment, this must be the saddest day in the Presidency. The government and its sympathizers can give all of the reasons they can conjure, but no reason will ever be good enough for the people of that region, who are caught in-between blood-thirsty Avengers and their faraway President. Perhaps, they would say its better they didn’t have a President at all.

President Muhammadu Buhari Credit: State House Media team

By his absence from Ogoni-land, I say with due respect that the President has apprehensively not displayed that he is the father of all, neither has he shown proper leadership. He has simply gone the way of past Presidents who firmly ‘keep the people at arm’s length’ by talking to them from the comfort of their Aso-rock Presidential hideout, making democratic legitimacy an empty formalism, while expecting that the same people must always obey whatever they say. It is a shame that those in the Presidency particularly, those who are from the Niger-Delta region, have found it difficult telling the President some truth. Is it a case of not been able to talk while eating, or the fear of incurring the President’s wrath under a starkly austere, insular and illiberal government, a gist that has since become commonplace gossip in many circles? That is a dangerous sign in any Presidency, the consequences of which is that once such a President is removed from the equation, such gathering is destined to collapse under the weight of its internal contradictions. The Ogoni disappearance will remain as a metaphor of a President that ignored a grand opportunity of virtuous political action that could have opened a new chapter of mainstreaming civic humanism and democratic inclusiveness, in a region where popular alienation from government, and resurgent anger, apathy and distrust against another season of Hausa/Fulani hegemony is troublingly the new order of the day.

Olusola Adegbite

Olusola Adegbite,Esq. is a Lecturer in the Faculty of Law, Obafemi Awolowo University, Ile-Ife, NIGERIA.
Olusola Adegbite,Esq.
Faculty of Law,
Obafemi Awolowo University,
Ile-Ife,
NIGERIA.
Solar9ng@yahoo.com

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A High Court of the Federal Capital Territory in Apo, Abuja, on Thursday, ordered the remand of the Chief of Training and Operations of the Nigerian Air Force, Air Vice Marshal Olutayo Oguntoyinbo, in Kuje Prison, pending the hearing of his bail application slated for June 6.

Justice Olukayode Adeniyi gave the order of remand shortly after Oguntoyinbo pleaded not guilty to the one count of accepting N166m gift from a NAF contractor.

He allegedly received the gift from the contractor, Société D’ Equipment Internationaux Nigeria Limited, in the course of performing his official duty.

The Economic and Financial Crimes Commission alleged that the defendant received the N166m gift from the contractor while serving as the Chief of Training and Operations of the Nigerian Air Force.

Oguntoyinbo allegedly accepted the gift from the contractor through the account of his company, Spaceweb Integrated Services Limited, kept with Wema Bank Plc.

The Air Force officer was said to be the Managing Director of Spaceweb Integrated Services Limited and sole signatory to the bank’s account.

The one count read, “That you, AVM Olutayo Tade Oguntoyinbo, whilst serving as Chief of Training and Operations, Nigerian Air Force, and the Chief Executive Officer/Managing Director as well as the sole signatory to the account of Spaceweb Integrated Services Limited with Wema Bank Plc on or about July 11, 2014, at Abuja, within the jurisdiction of this honourable court, did accept a gift in the sum of one hundred and sixty-six million naira (N166m) from Société D’ Equipment Internationaux Nigeria Limited, a contractor with the Nigerian Air Force in the performance of your official act and you thereby committed an offence contrary to Section 17(a) of the Independent Corrupt Practices and other related offences Commission Act and punishable under Section 17(c) of the same Act.”

The defendant was produced in court on Thursday from the custody of the NAF and escorted by an Air Force officer.

After he was arraigned on Thursday, his lawyer, Mr. Henry Ohun, informed the trial judge that he had filed and served his client’s bail application on the prosecution.

Ohun urged the court to order that his client be returned to the custody of NAF pending the hearing of the bail application.

But the prosecutor, Mr. Francis Jirbo, opposed the request by the defence counsel for the remand of the accused person in Air Force custody.

Jirbo urged the court to remand the accused in prison, which he said was the proper place of remand for a defendant whose plea had been taken.

The prosecutor, who said he was only served the defendant’s bail application in court some moments before the court started sitting on Thursday, indicated that he intended to oppose the motion through a counter-affidavit and other necessary processes.

Justice Adeniyi agreed with the prosecutor and ordered the remand of the defendant in custody.

He adjourned the hearing of the bail application till June 6.

Culled from The Punch.

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Head, Department of Commercial Law, Nigerian Institute of Advanced Legal Studies, (NIALS), Professor Paul Idornigie (SAN), has faulted the decision of the Supreme Court that two members of the Code of Conduct Tribunal (CCT)‎ could hear the case of alleged false declaration of assets filed against the Senate President, Dr. Bukola Saraki.
The senior lawyer who spoke yesterday at a round-table on Media Reporting of Court Proceedings organised by the Law Media and Social Development Initiative, noted that the provisions of the Constitution, which created the tribunal, stipulated that it shall be constituted by three members but did not provide for a quorum.
He asked: “What would be the decision of the tribunal when a member finds an accused guilty and the remaining one member did not so find?”
Idornigie added that it was wrong for the Director General in the Ministry of Justice to have instituted the charges against Saraki when there was a sitting Solicitor General in the ministry.
He also decried the statement credited to the Economic and Financial Crimes Commission (EFCC) Acting Chairman, Ibrahim Magu, that ‘nobody comes to the EFCC and goes out clean’.
According to him: “It was a wide and speculative statement because in law, there is a presumption of innocence.
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He cited

Bukola Saraki

, stressing that everyone charged with a criminal offence should be presumed innocent until proved guilty according to law.
Earlier, the Chief Judge of the Federal Capital Territory High Court, Justice Ishaq Bello, had pledged the readiness of the judiciary to assist the media.
He, however, charged journalists not to engage in reporting their opinion, conjecture and speculation.
“The court records are public documents and judges are willing to allow journalists access the records”, he said.
In his welcome address, the President of Law Media and Social Justice Development Initiative, Mr. Charles Odenigbo, noted that there was low knowledge of how law and justice worked in the country.
This, he stated, had made it difficult for the public to understand how the courts arrived at their judgments, punished offenders or even awarded damages.
‎He, therefore, urged judicial reporters to better inform the public about the laws and justice.
On his part, the President, National Union of Journalist (NUJ), Waheed Odusile, identified lack of understanding as a major problem confronting journalists covering the judiciary.

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This week Ademola Taiwo writes on the art of writing and the inspiration behind it . He titles this piece “Nuggets of Writing”

Excerpts:

It is usually amusing to me when people ask me how I put my thoughts into writing. Firstly because I cannot classify myself as a professional writer but to me Writing is an art, it requires such focus of an artist when he draws or paints; because just like the artist is concerned about the effect he will create in the mind of the admirer so also the writer is particular about the reader; such ability to sustain the interest of the reader makes your display of ink worthwhile. Secondly, writing is a skill that can be learnt only if we can be committed and interested in it. In this last decade of mine writing I have observed ways and manner to write that makes readers propelled to applaud and I would like to share with you.

Personally, for me I pay utmost attention to the way I commence my write up because this is the first impression you give the reader to inform him of the kind of writer you are and the kind of writing to expect. This is popularly known as the “Stage of arousal”. The body of the write up is that which sustains and maintain the interest of the reader. If the arousal is not ignited, no interest can be sustained and an average reader will definitely be put off. Also, writing is all about the reader. I believe the purpose of every write up is for it to be read. So i put my readers to mind; a target audience sometimes but predominantly all kinds of reader. I work on their mind by allowing my thoughts flow with their’s. I allow my flow of ideas follow a sequence, an orderly and organized flow of thoughts. With this method i have achieved identifying with my reader in all types of writing; defensive writing or creative writing which is the thought-provoking style and the expository or overview writing which is the informative style. In addition, is the manner you conclude your write up, you have to leave your reader gaping for more…

Some people who speak English fluently develop cold feet when they are asked to express themselves in writing. This is not surprising because writing is a complex skill which involves among other things the ability to think clearly, stick to a related theme, arrange facts logically, maintain tense sequence, observe the rules of concord, punctuation and other rules of grammar. Writing also involves the ability to write clearly, as your audience is not physically present for additional explanations

How can you learn to master this complex language skill? There is no hidden secret or phantom magic to this. You learn how to write chiefly by reading widely and by writing frequently.

Reading widely: when you read extensively, you become conversant with the way experts write. It is safe to imitate professional writers until you are skilled enough to create a style of your own. It is believed that everyone has a signature way of writing.  Reading widely will also increase your word power like reading newspapers and good books. More sophisticated words appear in writing than in speech. Therefore the more you read the more words you become familiar with. And the more words you know, the easier the task of finding the precise word for the idea you wish to express. Most times I get stucked if i can’t find the right word. It is like a puzzle word game

Writing frequently: Reading alone will not improve your writing skills if you never practice. Writers do write, they don’t just think about writing or tell their friends they are thinking about writing; they actually sit down and write almost everyday. It is always advisable to rewrite your paper several times before you turn in your finished product, as no excellent paper is the product of a first draft

In addition, to the needed skill(s) been acquired is the tips you need to define your spot in the world of professional writers.

Clear thinking: Every good piece of writing begins with clear thinking. Think about your topic carefully before writing. Jot down your ideas as they occur to you, otherwise, they will slip away when you are eventually ready to write. Or rather you derail from the theme you have in mind thereby you lose your reader. When your writing contains more than one main theme, you find out that your reader does not have a firm grasp of your main thought. This is because just as they are beginning to digest one, you introduce another. When they are about to get hold of the second idea you chip in a third idea, totally unrelated to the first two. At the end of it, while your reader may be impressed with your versatility and veracity, they will fail to have a powerful hold on any single idea.

One of the major strength of writers is the ability to have a hold of the subject been discussed, the only probable way you can achieve this is when you are informed. If your writing is worth the while. You must provide enough information thereby asserting your opinion so fiercely that we want to agree with you. Being informative requires spending time ferreting out relevant material. It also involves using concrete words that create for your audience a clear picture of what you have in mind. By providing adequate information you stand a better chance of convincing the most stubborn reader.

Getting started: Many of us have a problem with getting started. Begin your write-up by writing anything. Keep writing whatever occurs to you irrespective of the errors or disorderly presentation of your ideas. Then put away what you have written and return to it later. When your mind and head are clear, you have a better idea of what you want to say. Strike out any irrelevant ideas and repetitive words while rearranging the positions of your ideas. Add more substance where necessary. Substitute words, phrases synonyms and sentences for more effective result. However, maintain a simple construction for a starter. There is no point mumbling words together thereby creating ambiguity and incoherency in the mind of your reader. You end losing the sincere intention and purpose of which you have pen down the thought.

Even though, I acknowledge that everyone cannot possess this skill. It is sometimes an innate ability to be able to put thoughts into dancing words for the entertainment of readers. Yet with this few skills identified above, I believe it is part of the rudiments and prerequisite needed to find your feet in the world of good writers. I believe in you!

Taiwo Ademola; an upcoming writer. Dmltaiwo7@gmail.com

Ademola taiwo

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I share the belief that the pen is greater than the sword. I understand however that in the face of battle, this belief may be twisted and quickly discarded even if remembered. But now that I have the pen, I must talk about the waning art of the gentleman among youths, especially young lawyers.

It is a situation that has been a source of concern me for a while. Before now, I often doused my worries with the thought that I probably over-think things. My observations this past week in the course of my visit to my Alma matter for a dinner/award night however made me realise the need to perhaps start a campaign about the expected conduct of the gentleman.

A week ago, a friend shared a piece she had written about the current struggle of the male child and how the male child is drowning in shame and stupidity with societal endorsement and neglect. That piece assumed a vivid proportion in my head as I walked into the dinner area and found more than 10 percent of the guys in vintage ties, bespoke suits, and fashionable hats with the lenses on their hands to take shots of their tasteful looks, yet lacking in decorum.

While it seemed the fashion was apt for the event, I could not but notice that the entrance was rowdy, with the guys being so un-gentleman-ly, carelessly contending with the sweetly dressed and made-up women to enter the dinner venue. Their dapper looks were intimidating but the conduct was far from dignifying and when one of them spoke, it was an awful experience.

The distasteful comment was supposed to be a warning to me that he was on “the line” to get into the place while I was trying to “shunt”. At the time, I was holding the pretty, sweet and smart Bukoye Temitayo by my right elbow and of course knew better than to join issues with him. I carefully withdrew from the axis and went in through another entrance specially prepared for members of my class as awardees for the event.

That was just the tip I got outside. The awards began and we started hearing the calls of excellence. One, two, three and they were all women. From the various departments, I am sure I counted just about five guys getting awards leading their departments. In 2014, it wasn’t like that. Yes, it wasn’t a guy that was best overall student in the university but we were still a lot getting the prizes. We were not so vintage and ‘choiced’ in looks but we were determined to stand up to responsibility and not just be one more irresponsible “Babcock Boy”. This is not just about boys in my university. It is about the falling standard of men especially in terms of priority. I am totally against sidelining the female folk or making them inferior or superior and all the various sides to the feminism struggle is. But I am much against masculinity becoming a symbol of stupidity, irresponsibility and shame.

I’m a happy lawyer and corps member, two statuses I like to say impose gentlemanliness on me. A man should be gentle. This means, he should treat everyone rightly. He should be firm, yet kind-hearted and reasonably spoken. He should look good but also act good in respect, humility and grace towards people: young, old, male and female. Such warm acts like opening the door for the lady, handing over his suit to the lady when it appears cold, extending hearty greetings when necessary cannot be over emphasized.

As much as possible, keep your nastiness to yourself. If you must say naughty things, get a Baby doll and rehearse them with it and leave human ears out of them. Do not see every woman that comes your way as a prey to your sexual urges that remain at high libido in a bid to be like Solomon; he had the zenith of all of earth’s wisdom, but you can’t even keep a line of the constitution in your head, and that is the difference.

Beyond his looks, the gentleman should also be dedicated to his books, career, success, religion and community service. Those are the core of manliness. Mastery of these makes you great and attractive to the women. I like to think that most women prefer power and wealth to good looks and dummy photography shoots and sessions. Power and wealth are acquired by knowledge and mastery of wisdom – the application of knowledge.

Before you ask me who I am to reel out the bro-code and bro-ethics, I am just a concerned fellow brother who cannot watch the male folk disgrace themselves in court, in class and in cafeterias in the name of being a bro and not caring what others say. The society needs to care, they need to focus on restoring man’s dignity from wherever it went. Teach your male child, cousin, nephew or brother to be a better person, a gentleman, and a man of substance. Let’s get back to Eden and live on top of the world!!!

Okezi Uwede-Meshack is a First Class Law graduate of Babcock University, called to the Nigerian Bar in 2015 and presently serving his fatherland in Ibadan, capital of Oyo state. You can read more episodes of his diary here.

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The Council of Legal Education has disclosed that out of a total of 3, 056 candidates that participated in the April 2016 Bar final examination, 720 of them failed.

The Council of legal education, through a statement that was signed by the Director General of the Nigerian Law School, Mr. Olanrewaju A. Onadeko, said the result reflected 23.6 per cent failure. However, a further breakdown of the result showed that whereas a total of 2, 232 of the candidates passed the Bar final resit examination, representing 73.0 per cent, 104 candidates secured conditional pass representing 3.4 per cent.

According to the statement, the call to Bar ceremonies for the successful candidates is scheduled to hold on July 12 in Abuja.

Source: Vanguard

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