$6m Fraud: FBI Seek Information On Six Nigerians

The Federal Bureau of Investigation (FBI) is seeking assistance in finding six Nigerians who the United States indicted for fraud.

The bureau took to its Twitter handle to solicit help in finding the six men who are wanted for “their involvement in business email compromise (BEC) schemes resulting in over $6 million in losses”.

Help the #FBI find six Nigerian nationals wanted for their involvement in business email compromise (BEC) schemes resulting in over $6 million in losses,” it wrote.

It asked that tips on the matter should be submitted here.

The six Nigerians were identified as Uzuh Richard, who is said to have spearheaded the operation, Alex Ogunshakin, Felix Okpoh, Micheal Olorunyomi, Benson Nnamdi and Abiola Kayode.

Recall that the suspects aged between 32 and 37, “defrauded US citizens through the use of sensitive information and financial resources derived by manipulative means”.

The US department of treasury had said they were all indicted for romance scams.

UN Reacts To Video Of Couple allegedly having Sex In Its Official Car

The United Nations (UN) said it has launched an investigation into a viral video showing a couple apparently having sex in one of its official cars in Israel.

According to spokesman of the Secretary-General, Mr Stephane Dujarric, while speaking to UN correspondents in New York on Friday, the organisation was “shocked and deeply disturbed” by the footage.

Dujarric confirmed that the video featured a 4×4 vehicle, containing personnel “likely assigned to the UN Truce Supervision Organisation (UNTSO)”.

The short video shows a woman in a red dress straddling a man in the back seat of the white SUV bearing the “UN” inscription.

With them in the moving vehicle are the driver and a bald-head man sitting on the passenger side in front.

Media reports said the footage was recorded on HaYarkon Street, a major thoroughfare in Tel Aviv, the Israeli capital, although the UN said its authenticity had not been confirmed.

Dujarric said: “We are shocked and deeply disturbed by what is seen on the video.

“The behaviour seen in it is abhorrent and goes against everything that we stand for and have been working to achieve in terms of fighting misconduct by UN staff.

“We became aware of the video a little bit more than two days ago and our colleagues in the Office of Internal Oversight Services (OIOS) were immediately activated.

“Their investigation I know is moving very quickly. We know the location of the incident and the identification of individuals in the video, who are likely assigned to the UNTSO, is close to being completed.

“As part of the UN’s commitment to transparency, the UN will provide updates on the conclusion of the investigation, and any further action.”

According to the organisation, UNTSO, headquartered in Jerusalem, is the first ever peacekeeping mission established by the UN in 1948.

It said the mission comprises military observers to monitor ceasefires, supervise armistice agreements and prevent military escalation.

In a statement, UNTSO said it was committed to the UN’s zero-tolerance policy against any kind of misconduct, including sexual exploitation and abuse.

It reminded its personnel of their obligations to the UN Code of Conduct.

The BBC quoted Ms Heather Barr, Co-director of the women’s rights division of Human Rights Watch’s, as saying the video did not come to her as a surprise.

Barr, who according to the news outlet had worked for the UN in Burundi and Afghanistan, said the UN had a bigger problem than the video.

“That problem is about allegations of sexual exploitation and abuse committed by staff members of the UN,’’ she told the medium.

NAN recalls that the UN received and investigated 175 allegations of sexual exploitation and abuse against its staff in 2019.null

Out of the total, 16 were substantiated, 15 were unsubstantiated and all others were still being investigated

The Judiciary Without A ‘Just’ Judge Renders A ‘Just’ Lawyer Frustrated says Hammed A.jimoh EsQ

I have observed for some periods now that out of 100% of Nigerian lawyers, one might find only about 10-20% of lawyers interested and or passionate about becoming a Judge! This some lawyers are not bothered about, with due respect to them! We lawyers have felt much more comfortable with the current trend in the judiciary where some if not the majority of those being nominated or shortlisted are found to be those persons from among the power that be’s in the judiciary or just as found in the politics whereby connection with one top authority or the other is required in order to be appointed or elected in politics! It is my humble view that any person qualified to be appointed to the esteemed office of a judge does not need to know any one or be connected in any way with any one before such person can be shortlisted and or appointed into a judicial office! Such appointment should be very transparent, just and meritorious! Furthermore, this paper is of the firm view that the above admonition is in view that should an unjust person be appointed into a judicial office, then, the revered judiciary is ridiculed and profaned and would lead to just lawyers being frustrated and the public losing hope of getting justice in the court of law and thereby engaging in jungle justice! This would definitely lead to chaos and destruction of the human society, hence this topic!

First and foremost, the word ‘just’ is defined by the Merriam Webster online Dictionary among other meanings as ‘acting or being in conformity with what is morally upright or good: righteous.’. This is the meaning that is within the context of this paper. In other words, what this paper submits is that the judiciary without a ‘just’ or ‘moral’ or ‘righteous’ judge renders a ‘just’ or ‘moral’ or ‘righteous’ lawyer (in the same manner like a just judge) frustrated! That is why I am (many of the times) surprised to find a great number of Nigerian lawyers not discussing about ambition of being a judge (though personal to them)! Much more so, the judicial office is a very delicate and sensitive office! Some lawyers might not be interested because of the restrictive lifestyle of a judicial officer and as a result, would not wish to sacrifice their personal enjoyments for just (mere) the judicial office. Also, it is understandable that the Rule 6 of the Rules of Professional Conducts for Legal Practitioners, 2007-herein after referred to as RPC, provides thus

1) A lawyer shall not accept employment as an advocate in any matter upon the merits of which he had previously acted in a judicial capacity. 

(2) A lawyer having once held public office or having been in the public employment shall not after his retirement accept employment in connection with a matter in respect of which he had previously acted in a judicial capacity or on the merit of which he had advised or dealt with in such office or employment. 

(3) A judicial officer who has retired shall not practice as an advocate in any Court of law or judicial tribunal in Nigeria. 

(4) A judicial officer who has retired shall not sign pleading in any court. 

(5) A judicial officer who has retired may continue to use the word ‘Justice’ as part of his name.’.

It is observed herein that the above Rule 6 of RPC might also be a form of factor discouraging some lawyers from having any ambition for the judicial office while some lawyers might also fear that they cannot afford to face God Almighty on the Day of Judgment for accountability over the judicial office! The RPC in my humble view is concerned about a retired judicial officer because once a lawyer is appointed as a judicial officer, he ceases to be a member of the bar who is under the control or subject to the RPC but such a judicial officer shall from his appointment be subject to the Code of Conducts made by the National Judicial Council (as he is now a member of the bench) but when such judicial officer retires or resigns his judicial office, he then becomes a member of the bar and then bound by the RPC. Also, having regard to the National Judicial Council’s Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, 2016, there are somehow stringent rules for any judicial officer which some lawyers might find very impossible for them to conform with.

Notwithstanding all the above referred factors likely responsible for why some lawyers might not wish to become a judge, I am of the view, with due respect, that lawyers that are just, moral and righteous should not avoid the bench or the judicial office! It would serve the interest of justice for a situation whereby just or moral or righteous judges are on the bench as judicial officers and for just or moral or righteous lawyers to also represent clients in suits before just or moral or righteous judges in courts! This is because, no matter how a just or moral or righteous lawyer might be good, diligent and or efficient or interested in seeking manifest justice in his client’s case or in his own personal case where he is interested in a case, he is likely not to get justice and therefore become frustrated about the judicial and or court’s system! It is also observed that lawyers have kept to show dissatisfactions towards some conditions or situations in the Nigerian judicial and or court’s system which they complain about (several times) as being unfortunate but the rather most unfortunate situation is a situation where ‘bad judges’ are allowed to prevail over judicial office and to preside over a case to dispense justice (a situation which is oxymoronic) in my humble view, with due respect! So, this paper is a call on all just or moral or righteous lawyers who are either young or seniors to aspire for the judicial office in order to serve the interest of justice. This is also a way of saying that judicial office is a service to God and to humanity! I would also advise lawyers or authorities who would not be able to aspire the judicial office to nominate those among lawyers who according to their assessment and or fair and honest considerations are just or moral or righteous and competent and who have passion for the judicial office as judges of superior courts (the superior courts are the context of this paper). A judge must also be empowered to act within his judicial office without fear or favour!

I had rejected the ambition to become a judge of a high court too until now when I had thought and considered the above thoughts and then resolved to sacrifice whatever it takes me in my sacrifice (though, righteously), to aspire for the revered judicial office as a judge of a high court in order to be a symbol of justice and righteous judicial officer as at when I am ten (10) years as a lawyer by which time, I shall be qualified for such office with the support and guidance of God Almighty! I also know that this is in line with God’s intention! I could remember that God Almighty had made me to undergo a lot of challenges in my life (even up till present) and had taught me some religious, moral, just and or righteous characters with unimaginable potentials as well as talents that I know would be very useful for me on the bench as a judicial officer! I have always been made to see myself as one of God’s Deputies (who propagate His course for justice) on earth to dispense justice, even though the peak of justice is that of God Almighty! I understand this better and I hold God much more responsible and capable of ensuring my rise to the judicial office as at when due!

Furthermore, God Himself had located an office for me where I practise as a private legal practitioner till date (since about five (5) years a go). Then, I placed some names to register my law office with the Corporate Affairs Commission. Of the names that I suggested, it was the one that was least expected by me that was approved ‘THE VICEGERENT LEGAL CONSULT’ (which means ‘The Deputy of God’) but I later found joy in the name! How I came about that name still remains a surprise to me till date. I understand that one would only do his part and leave the rest to God Almighty. My interest in ensuring that justice prevails at all cost made me to take human rights activism as a major path in the private legal practice. I believe that this interest can still be satisfied if I become a Judge of a High Court. There are indeed two paths or careers for me at the moment and in the legal profession- that is either I decide to be a Judge or to continue to thread the path of private practice and enjoy the privilege of becoming a Senior Advocate of Nigeria (SAN)! Until then, I shall continue to put in my best efforts and continue to pray for God’s guidance in all my endeavours!

Finally, it is my advice that just or moral or righteous lawyers must rise up to the call for rescuing justice in the hands of those who would like to perpetrate injustice and thereby wish to profane the revered judicial office! As for me and my judicial ambition, I say ‘with God (only) are all things possible!’ and this ambition for me, is a matter already concluded by God Almighty, if He wills that I be, I shall be when the time comes! The call to service in the judicial office shall come to me as at when God decides (perhaps soonest!) just as He did for me when the call to His service in Saudi-Arabia came to me even when I least expected! I am still three (3) years left to being qualified for the judicial office (as I am seven (7) years as a lawyer now) by His Grace!

NBA Presidency: Awomolo’s Suggestion Amounts To A Call For A Declaration Of War By SANs Against Non SANs — Sanni Abbas

An Abuja based lawyer, Sanni Abbas, has reacted to the letter by Chief Awomolo, SAN, where he expressed fears over the position of NBA President being taken by a non Senior Advocate of Nigeria.

He also pointed out that the letter from Awolowo SAN, has only ignited a war between the Senior Advocates of Nigeria and Non-Senior Advocates.

Chief Awomolo’s letter: A catalyst towards dividing the Bar.

I woke up this morning to read with the highest level of disappointment that a very senior member of the bar can append his signature on such a letter.
The letter shows that the learned senior advocate has forgotten that he was called to the Nigerian Bar first as a lawyer and that every other title came after becoming a lawyer.

Chief Awomolo has a great understanding of the provisions of the constitution of the NIgerian Bar Association. The NBA Constitution makes it crystal clear what qualifications a lot person who wishes to be the president of the Bar must possess. Being an SAN, is certainly not one of such requirements.

May I respectfully refer the learned seinior advocate to the provisions of Section 8 of the NBA constitution as amended 2019 wherein the constitution does not provide that the president of the bar must be a senior Advocate of Nigerian. The suggestion by Chief Awomolo clearly runs counter to the Constitution. In fact the suggestion amounts to a call for a declaration of war by SAN against non/SANs who wishes to lead the Bar as well as amounts to an afront to the legitimate eight of lawyers to use their votes to choose a President of their choice.

This is why it is disheartening that among the pressing issues affecting the Bar, Chief  Awomolo has only decide to pick on the issue of senior advocate leading the bar. GM think that such a divisive and self-serving suggestion is the best he has to offer for the progress of the Bar, is very worrisome. The learned senior advocate has not written a letter as to the issue of welfare of lawyers, he has also not proffered an opinion on the minimum wage to be paid by senior advocates even when it is in public domain how much many senior lawyers pay lawyers (peanuts). It’s an open secret that some Silk do not even pay close  to what non senior advocates are paying i.e he pays take home that is not even enough to take you home.

May I also say that chief Awomolo’s letter is only targeted at Mr. Olumide Akpata the only candidate who is not a senior Advocate Amongst the three candidates vying for the office of the president of the NBA, because of what I have read today Mr. Olumide has my vote and as many as I can convince would vote for them. May I also enjoin other non senior Advocates to to see this letter as an insult to all us.

2020 NBA DECIDES: ECNBA Shifts Election To July: Warns Aspirants Against Unwholesome Desperation

The Electoral Committee of the Nigerian Bar Association (ECNBA) has released a new date for the conduct of July elections of the Association.

According to the information giving to the Nigeria lawyer

The new date is 29th and 30th of July, 2020. The Committee also Warned aspirant and their supporters against desperate campaigns and threaten to impose sanction if election guidelines are violated

The new date is 29th and 30th of July, 2020. The Committee also Warned aspirant and their supporters against desperate campaigns and threaten to impose sanction if election guidelines are violated

Read the full details below:
VOTERS REGISTER, CAMPAIGNS AND ELECTION DATE.

1.0      PREAMBLE.

By the Preliminary Notice of Election dated April 15, 2020 and the Guidelines and Timeliness for the 2020 NBA National Officers Elections issued pursuant to Paragraph 1.5 of the 2nd schedule to the Constitution of the Nigerian Bar association, 2015 (as amended), the ECNBA fixed Friday the 24th day of July 2020 and Saturday the 25th day of July 2020 for the elections.

With that date in view, the Committee worked assiduously by keeping members informed of its activities, began the compilation of the register of voters to be deployed for the elections, invited and rigorously screened nominations for the offices to be contested in the 2020 NBA Election.

1.1      VOTERS REGISTER

There is no gainsaying the fact that correct voters register is very critical to free, fair and credible elections. For this purpose, the ECNBA by its correspondence (ECNBA Statements No.003 & 004) solicited the cooperation of the NBA branches in sending the list of their members and in the prescribed format to enable the Committee compile a comprehensive voters’ register to be used for the elections to ensure that our members are not disenfranchised. Surprisingly, the list of some branches contained names of members without proof of payments or whose names were not on the statement of accounts sent as proof of payments of branch dues. Notwithstanding the efforts of the Committee, some branches were either not forthcoming or their responses were inordinately delayed thus putting their members at risk of not being included in the compilation of the voters register for these important elections. The ECNBA granted extensions of time to ensure compliance by the defaulting branches and to have their members captured in the compilation. Unfortunately this opportunity was not leveraged upon; instead, the Committee has been inundated with several complaints by members that should ordinarily be addressed by the branches. The Committee has had to bend over backward within the confines of the NBA Constitution to attend to as many of the complaints as it possibly can. This, no doubt has affected the initial timeliness set by the Committee for the elections of the National Officers of the Association.

  1.      CAMPAIGNS.

The ECNBA is closely monitoring and observing the activities and conduct of the aspirants and their supporters regarding the constitutional prohibition of certain forms of campaigns as contained in the ECNBA Guidelines for the 2020 NBA Elections. We advise the aspirants and their supporters to desist from any form of unwholesome desperation and the seeming penchant to deride or disregard the election guidelines as any violation shall attract appropriate sanctions. NOTE no aspirant or candidate has been granted final clearance to contest the elections.

1.3. ELECTION DATE.

In exercise of the powers conferred on the ECNBA by Paragraphs 1.1(b) and 1.3(a), of the 2nd schedule to the Constitution of the Nigerian Bar Association, 2015 (as amended)  the Committee has now fixed another date for the elections of national officers of the Association. Elections shall commence at 00:00 hours of Wednesday the 29th day of July 2020 and end at 11:59 hours of Thursday the 30th day of July 2020.

Members who are yet to undertake the verification of their particulars on the NBA website are advised to do so without further delay. Members are required to activate their personal portal on the website upon verification not later than the 15th day of July 2020.

A support system which will become operational from Monday the 29th day of June 2020 is being set up with the following dedicated lines 08168011579, 08165374194, 08165037594 and 08167181605 email: support@nigerianbar.org.ng

1.4 CONCLUSION.

The ECNBA is committed to all-inclusive, free, fair, and credible elections. The adjustment in the date for the elections by this notice is to enable our members participate in the choice of the leadership of their association. The Committee expresses profound appreciation to all who have assisted in the discharge of its mandate in one way or the other and solicits the cooperation of all our esteemed members for the success of this democratic process.

Dated this 27th day of June 2020.

Office Of NBA President Is For All, Not For SANs Only – Dr. Ajibade (SAN) Dissociates Self From Awomolo’s Letter

The Presidential Aspirant for the NBA forthcoming election, Dr. Dr Babatunde Ajibade, SAN, FCIArb, has disassociated himself from the report that the office of President of the Nigerian Bar Association is exclusively reserved for Senior Advocates of Nigeria (SANs).

The Learned Silk disclosed this while reacting to a letter by Chief Awomolo, SAN to the former President of the NBA, Chief T.J.O Okpoko, SAN

He said the focus should be on character and antecedents of aspirants and other challenges facing the profession.

He when further to explaining..

THE OFFICE OF PRESIDENT OF THE NIGERIAN BAR ASSOCIATION IS NOT THE EXCLUSIVE PRESERVE OF SENIOR ADVOCATES OF NIGERIA – DR. BABATUNDE AJIBADE, SAN

My attention has been drawn to a statement made by Asiwaju Adegboyega Awomolo, SAN in which he suggests that the office of President of the Nigerian Bar Association is the exclusive preserve of Senior Advocates of Nigeria (SANs).

I respectfully disagree with this position. There is nothing contained in the Nigerian Bar Association (NBA) Constitution or in the history of the NBA to support this assertion.

There is near unanimous agreement that one of the most popular and effective Presidents the NBA has had is Late Alao Aka-Basorun and the NBA has had other non-SAN Presidents since.

The focus should be on the character, capacity and antecedents of persons who aspire to lead our profession and not on their title or rank.

There are serious challenges facing the profession at this time and we need to unite the profession in order to effectively address them.

NBA Anaocha Disqualifies Chairman Election Committee, Ejike Okaphor, On The Ground Of Non Payment Of Branch Due.

Publicity Secretary NBA Anaocha Branch, Afoma .E. Anika, has raised alarm over the sudden disqualification of the Election Committee Chairman of the branch, Chief Ejike Okaphor.

A member of the branch, Kevin Ezeoke, had earlier written to the Chairman of the branch Jideofor Okongwu, alleging that Okaphor was not qualified to conduct the branch elections on the Sole ground that he failed to pay his branch dues and Bar Practice Fee as at when due or even at all.

Chief Ejike Okaphor’s name is contained on the list of members qualified to vote from Anaocha Branch. ( see no. 4711 of the Second published list of voters from the National Body)

“The list compiled for the National body was sent from the Branch after verifications that members have indeed complied with the Constitutional requirements.
 
“There is however no convincing proof that Chief Ejike Okaphor is indeed not qualified to participate in the scheduled election or head the Election Committee.

“By a majority decision of the present executive the petition was found not to have merit,” he said. 

However, in a telephone conversation with the branch Chairman, Okongwu, informed TheNigeriaLawyer(TNL) that when he received the letter from the petitioner, he quickly summoned a meeting for the Executive members

“I do not want my name to be dragged as a Chairman who conducted an election on the grounds of irregularities. 

“I was the person who appointed him before the allegations was brought against him.

“I called for an emergency meeting which some of the Executive members available attended and resolved that he be removed.

“The branch statement of account was printed, we found out that his name was not on the list of those who paid Bar branch due.  Based on this we told him to step down,” the Chairman said.

The Chairman also threw light on why his name appeared on the Provisional list of the ECNBA.

“We sent the names of all the members to National which appeared in the provisional list published by the National  Election Committee of the Nigerian Bar Association(ECNBA).

“The last list which came out last week by the ECNBA does not have his name, that is to say he is not qualified to even vote.

“We are going on with the election today since it has been scheduled to hold,” he added.

Appraisal Of Judicial Reforms Towards The Efficient Administration Of Justice In Nigeria

To say that the administration of justice in Nigeria is hampered by the inefficiency of the various relevant institutions is a pedestrian statement. The judiciary, a major role player in justice administration is bedevilled by numerous impediments which hinders its effective performance in justice administration, so much so that the saying that the judiciary is the last hope of the common man holds no waters in the Nigerian setting. As a matter of fact, a considerable majority will rather resort to self-help and have justice done instantly to their taste, than to wait for the slow wheels of justice being propelled by an incompetent judiciary. Just as the sick is in constant need of medical attention, so also is the Nigerian judiciary in need of reforms to keep it in shape to efficiently perform its duty of justice administration. Hence, this paper will X-ray some of the reforms which the judiciary had undergone over the years and the impact they have had on the administration of justice in Nigeria.

Administration of justice is concerned with the fair, just and impartial enforcement of rights and punishment of wrongs according to the rule of law. It is a compound term that encompasses the process which allows for the resolution of disputes by the institutions recognized by law for that purpose. It is the means by which the legal system of a country is executed.

The administration of justice in Nigeria is championed by three distinct institutions, they are; the judiciary, the Police and the Prisons service. The law has clothed these institutions with enviable powers in the sphere of justice administration, maintenance of law and order, preservation of national tranquillity. Major focus will be turned on the judiciary for the purpose of this paper.

Section 6 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) vests the judicial powers of the federation in the Courts. The court is an indispensable institution in the administration of justice in all jurisdictions; municipal and international.[i]  It is saddled with the responsibility of the interpretation and application of the laws enacted by the legislature and enforced by the executive, in the settlement of disputes.

Over the years, the Nigerian judiciary have been faced with certain challenges that have hampered the justice administration system. These challenges include interference by other arms of government, temptation to corruption in deciding cases, incidences if conflicting judgements, prevalence of misconduct among members of the judiciary, delay in the dispensation of justice and so forth.

For this reason, Nigeria has had a Chequered history of series of judicial reforms.[ii] Whether these reforms have served or are serving their purposes is very much debatable, as the problems which they were made to address remain ever-abiding in the justice sector. This has resulted in the clamour for a holistic reform in the judiciary, such that will meet the demands for efficient justice administration in Nigeria. This is yet to be achieved. Nonetheless, some of these reforms will be considered.

Judicial reform is not a novel phrase in the Nigerian justice system. It is the complete or partial reform of a country’s judiciary.[iii]It is what is required to keep the judiciary in shape so as to enable it dispense justice effectively and efficiently. It addresses aspects such as appointment and discipline of judges, improvement of judicial systems, maintenance of social fairness and justice, strengthening human rights protection and enhancing judicial capabilities and powers.

The judicial Service Commission

Since independence, the Nigerian judiciary has undergone several reforms. The establishment of the Judicial Service Commission (JSC) by the 1979 constitution of the Federal Republic of Nigeria was one of such reforms. The commission was established to guarantee the independence of the judiciary in the new republic as it was a common feature during the military rule for the military governments to usurp the powers of the judiciary by ousting the jurisdiction of the courts over certain matters[iv] and overriding the rules[v] of the court with the promulgation of certain decrees. The effect of this reform was rather short lived as the military found their way back to the seats of power.

The National Judicial Council

Another notable reform in the judicial history of Nigeria is the establishment of the National Judicial Council (NJC) in accordance with the provisions of section 153 of the constitution of the Federal Republic of Nigeria 1999 (as amended). The council was established with the purpose of protecting the judiciary from the whims and caprices of the Executive arm of government.[vi] It has the duty to ensure that the judiciary carries out its duties courageously and independently, without fear or favour. The council is vested with the powers to recommend for appointment, discipline and remunerate the members of the judiciary. It has proven to be one of the significant steps taken to ensure judicial independence in the Federation

Reforms by the Chief Justice of Nigeria

During the administration of the past Chief Justice of Nigeria, Honourable Walter Onnoghen, the judiciary underwent some reforms. The reforms took the form disciplinary directives which were to be adopted in the bid to curb unprofessionalism and misconduct within the judiciary. The honourable Chief Justice (as he then was) outlined them during a speech[vii] and they will be considered thus.

The first reform which he outlined was a directive which he issued to reduce the number of appearing counsels in a lawsuit at the Supreme Court to five for each party. According to him, this directive was motivated by the prevalent unruly attitude which some politically inclined persons exhibit, in that they bask in their abilities to be represented by a large number of counsels, such that the court room will be filled to its mouth with their legal representatives even to the detriment of the common man who will now be forced to seat on the floor as there will be no room for him to seat and observe the proceedings. The then Chief Justice observed that such behaviour amounted to wastage of the time of the court and it ought not to be so, hence the directive.

The second reform which he outlined was a directive for the discipline of the legal practitioners who engage in ‘sharp practices’ to intentionally delay the conclusion of criminal trials. This has been a major problem of the judiciary—the problem of delay in the dispensation of justice. It is interesting to find that the problem is not always as a result of the judges’ inefficiency but the unprofessionalism of some legal practitioners. The directive mandated the courts to report such cases to the National Judicial Council (NJC), which will in turn, engage the Legal Practitioners Privileges Committee (LPPC),for Senior Advocates and the Legal Practitioners Disciplinary Committee (LPDC), for other legal practitioners, to take disciplinary measures against the legal practitioners found wanting.

The Alternative Dispute Resolution Mechanisms

Another notable reform which the Nigerian judiciary has undergone is the establishment of  the Multi-door Courthouse system, also known as Alternative Dispute Resolution mechanisms (ADR). The Multi-door Courthouse system simply entails the resolution of disputes via alternative methods order than litigation. This alternatives include mediation, conciliation and arbitration which will be done under the supervision of the Courts.

The first Multi-door Courthouse in Nigeria was introduced in Lagos state in the year 2002. It is known as the Lagos state Multi-door Courthouse (LMDC). It happens to be the first court connected ADR Centre in Africa.[viii] In the following year, the Federal Capital Territory followed suit with the establishment of the Abuja Multi-door Courthouse (AMDC). At the moment, fourteen other states have established theirs.

In the same vein, the National Industrial Court of Nigeria which is responsible for the hearing of matters involving labour and industrial disputes, has established Alternative Dispute Resolution (ADR) centres at its divisions in Abuja, Kano, Gombe, Enugu, Calabar, and Ibadan. This is in line with the provision of section 254C (3) of the 1999 Constitution of the Federal Republic of Nigeria (third alteration) Act, 2010.

The purpose for these establishments is to afford disputants various alternatives to settle their other than litigation and at the same time give them the benefit of being supervised by the courts. The decisions reached via these alternatives are binding and enforceable in the courts when breached.[ix] So far so good, these establishments have helped to reduce the backlog of cases in courts.

Administration of Criminal Justice Act, 2015

The last reform to be considered is the enactment of the Administration of Criminal Justice Act of 2015 (hereinafter referred to as the ACJ Act). The ACJ Act is a repeal of the principal legislation that governed the administration of criminal justice in Nigeria—the Criminal Procedure Code (of the northern part of Nigeria), the Criminal Procedure Act (of the southern part of Nigeria), and the Administration of Criminal Justice Act CAP A3, Laws of the Federation 2004.

The purpose of this Act is to ensure efficiency in the administration of criminal justice in Nigeria by promoting efficient management of criminal justice institutions, speedy dispensation of justice, protection of the rights and the interests of the suspects, the defendants and the victims.[x] The Act preserves the procedural system inherent these statutes and also introduced innovative provisions.[xi] Hence, the reforms lies in this innovative provisions of the Act. A few of them will be examined below.

Establishment of the ACJMC

The Act provides for the establishment of a committee that will ensure that the provisions of the Act are duly enforced by the various relevant agencies. Section 469(1) of the Act establishes the Administration of Criminal Justice Monitoring Committee (ACJMC) to be made up of members from the judiciary, Federal Ministry of Justice, Police, Prisons service, Legal Aid Council, Nigeria Bar Association, Civil Society Organisation and National Human Rights Commission, with the Chief Judge of the Federal Capital Territory as the chairman, and the secretary appointed by the Attorney General of the Federation.

The establishment of the Administration of Criminal Justice Monitoring Committee as stipulated by the Act is a great leap towards ensuring efficient administration of criminal justice in Nigeria. However the effect of this effort is yet to be fully felt as a result of the typical Nigerian issue of lack of budgetary allocation and funding which sniffs the life out of every good initiative that promises considerable development in the country.

Supervisory Role of the Judiciary

The ACJ Act has conferred on the judiciary the power to play a supervisory role over the police on matters of arrest, arraignment of suspects for trial, and bail. Section 33 of the Act mandates the Police to remit a monthly report to the supervising magistrate designated to it (usually the nearest magistrate), on the rate of arrest, bail and related matters. Section 34 of the Act mandates the supervising magistrate to carry out inspections of the Police stations and other detention centres on a monthly basis.

During this inspection, the magistrate is to take record of arrests, direct the arraignment of suspects who have been granted bail, and grant bail to any suspect where appropriate. It is worthy to note that the supervising magistrate designated by the Chief Judge, reserves the power to deal with the defaults or misconduct of the officers-in-charge of the police stations and detention centres in accordance with the relevant laws.

Reasonable Timeline for Criminal Trials

Section 110 of the Act provides for a timeline in which criminal trials must be commenced and concluded in Magistrate Courts. The Act stipulates that trial must commence within 30 days of filing and must be concluded within a reasonable time. It can be construed from the provisions of that section that what constitutes ‘reasonable time’ is 108 days. This is in line with the provisions of the constitution on the fundamental rights to personal liberty. Where there is a failure as to the commencement and conclusion of a trial, the magistrate is obliged to forward the particulars of such charge, with reasons for failure, to the Chief Judge.

Finally, section 111 of the Act mandates the controller-general of the Prisons to make returns of persons who have been held in custody for more than 180 days after the date of arraignment to the Chief Judges of the Federal High Court, Federal Capital Territory High Court, and State High Courts, president of the National Industrial Court as the case may be; and the Attorney General of the Federation, every 90 days. This is to be done in order to ensure that the person’s right to personal liberty is not violated, as well as to speed up their trials.

The enactment of the ACJ Act has, among other things, proffered solutions to the problem of prolonged trials in Federal Courts. Hence, if this Act is adopted and properly implemented in all states of the Federation, it will in no little way restore the confidence of the people in the criminal justice system. Unfortunately, as at April 14th 2019, it was observed that only 18 out of 36 states of the country have adopted the Act as their Administration of Criminal Justice Law.[xii] It is important for the other states to do so.

In summary, this research article has reviewed some of the reforms which the Nigerian judiciary has undergone in order to meet the pressing need for efficiency in the administration of justice. If we are to be truthful to ourselves, we will realise from this, that what is needed now to have the judiciary dispense justice efficiently is not further judicial reforms but the strict implementation of the reforms that have been made over the years. This will translate to the adequate funding of the various councils and commissions established for the improvement of the judicial system, to enable them carry out their duties effectively. Also the reorientation of the general public on the resolution of disputes, such that the average Nigerian will normally resort to the Alternative Dispute Resolution mechanisms provided by law, before resorting to the Courts when the outcome of the former process is not satisfactory. In the same vein, the various directives, as well as the ACJ Act, should be strictly enforced, they should not just serve cosmetic purposes in the justice system.

[i] Yinka Olomojobi and Oluseyi Apampa “Towards an Effective Dispensation of Justice: a Comparative Analysis of the Appropriateness of Court Structures in Nigeria and France vis-a-vis the International Criminal Court”, <https://papers.ssrn.com&gt; date accessed 31/03/2020

[ii] Muhammad Kamaldeen Imam-Tamim & others, Judicial Reform in Democratising Nigeria <https://www.researchgate.net&gt; date accessed 31/03/2020

[iii] Judicial reforms <https://www.wikipedia.com&gt;

[iv] Appraisal of Judicial reforms in Post-independence Nigeria <https://www.radionigeria.gov.ng&gt; date accessed 31/03/2020

[v] The promulgation of Federal Military Government (Supremacy and enforcement) of powers Decree of 1970 annulled the Supreme Court’s decision in Lakanmi’s case.

[vi] National Judicial Council (Nigeria), <https://en.m.wikipedia.org&gt;

[vii] “Nigeria’s Chief Justice   outlines  radical    reforms  in Judiciary”,  Evelyn Okakwu <https://www.premiumtimesng.com&gt;

[viii] Alternative Dispute Resolution in Nigeria: New Frontiers in Law, <https://www.oal.law&gt; date accessed 31/03/2020

[ix] In the owners of the M’s case, the court opined that “the court should not be seen to encourage the breach of a valid arbitration award.” See also, Sections 8(3) of the Trade Dispute Act, 2004.

[x] See section 1 of the ACJ Act.

[xi] Saviour Akpan, Assessing the Administration of Criminal Justice in Nigeria, premiumtimesng.com, date accessed 31/03/2020

Pendulum: My Kobo Advice For Adams Oshiomhole And Others

“Before you go on a journey of revenge, dig two graves” – Confucius

Fellow Nigerians, please, let me start this epistle with a tale I’m not sure I have ever told. On Sunday, November 9, 2008, I was at the Lagos Marina with some friends when my phone rang. And who was on the line? No other than the one and only Comrade Adams Oshiomhole, a man I call Uncle Adams for various reasons. He is about eight years older than me. We both come from the same Afenmai tribe of Edo State, though I’m much more affiliated and associated with the Yoruba people because of my birth in Ile-Ife, the cradle of civilisation, and the fact that my Mum is from Gbongan, a dozy town just a few kilometres from Ile-Ife. I have told the story of my Dad’s migration from Ihievbe, now in Owan East Local GovGovernment of Edo State, to finally settle in Ile-Ife, Osun State, possibly around 1944, like many restless men of his time. His decision to make his sojourn in Ile-Ife permanent, probably en route the greener pastures of alluring Lagos, was because he met the naturally beautiful, slim and elegant Gladys who swept him off his feet and they married after a period of courtship. I am the only child of their union.

Comrade Adams had risen to become one of the more prominent sons of Afenmailand and I had tremendous respect for him as a scion of the society and a big Brother. I had followed his amazing trajectory, especially as a Labour leader, with very keen interest. I believe he had a meteoric rise to become Labour leader based on his fantastic managerial, organisational and persuasive skills. I always admire, and appreciate, those with humble beginnings, who struggle hard and manage to break free from the shackles of oppression and manacles of poverty. Comrade is a veritable example of such a person. He has done so with agilagility and tenacity. I must add that he also possesses not only nerves of steel but a steely and unbending resolve which for me has lately been harmful and injurious to him. More on this later.

I think we first met physically on a flight to South Africa about 16 years ago, when he had already become head of the Nigerian Labour Congress. We both recognised each other and exchanged pleasantries and contacts. We struck an instant acquaintance and friendship which has since blossomed into Brotherliness. He became an avuncular figure to me, and he had my blessings when he threw his hat in the ring of politics.

His pedigree as President of the Nigeria Labour Congress clearly, and readily, endeared him to many people. Theoretically, he was expected to be a friend of the masses, and the workers of Edo State were considered lucky to have such a man coming to liberate them from capitalists and oppressors.

Anyway, back to the call, prior to which, both of us had met in Asiwaju Bola Ahmed Tinubu’s home where we had lunch with the former Governor of Lagos State. I knew Chief Tinubu was supporting him heavily and staked a lot on Comrade Oshiomole becoming the Governor of Edo State which has always been considered one of the crown jewels of the Yoruba nation and was indeed a part of Western Nigeria before it became Mid-Western Region of Nigeria in 1963 following a vote by the people of the region. Mid-Western Region became Mid-West State in 1967, Bendel State in 1976 and finally Edo State in 1991 when Bendel State was divided into Edo and Delta States.
During this auspicious call in November 2008, Comrade sounded worried and I asked what the matter was. He said he was anxious about the Court of Appeal judgment regarding his governorship election, which was slated for November 11, 2008, in two days time. I told him not to panic, that all shall be well, and I prayed for him.

Tuesday, November 11, 2008, came, in a jiffy, and Comrade was declared winner of the Edo State Gubernatorial elections. Prayer answered and I was greatly elated. He was sworn in as Governor immediately afterwards on 12 November 2008 and would later govern the State for two terms of eight years in total. As usual with me, I never visited the Edo State Government House during that period, although Comrade and I remained close and regularly called each other and met at various functions. I watched his inimitable style of governance from afar and prayed fervently for his success. He would call me sometimes, usually on Saturdays, after reading my column.

On one such occasions, I recall, I was in Orlando, Florida, and he said he would want me to come to commission some projects in Edo State as a true son of the State.

I said no problem. He promised to send me the dates, but he probably forgot or was too busy, whatever the reason, the call never came, the trip to Edo State as guest of the Governor never happened and the planned commissioning of projects by me never occurred. On another occasion, we met at The World Afenmai Congress in America and had a good tie together catching up on various issues. The truth is that we always bonded well.

I must confess that there were times I was troubled by the many controversies that trailed him during his governance of Edo State. Those who knew him as my big Brother would call me to complain about his garrulousness and dictatorial proclivity. He also did not seem to be grateful on occasions. For example, I recall that he constantly attacked and insulted the Igbinedions who I knew had supported him and I felt that this was not proper or right. Some of his media attacks went overboard. However, I premised some of his intractable opposition to major Edo chieftains to his promise to dismantle all the vestiges of godfatherism in Edo State and end the rent seeking system that it engenders. I felt that if he could achieve this, he would have done the State and the country a great favour by creating a super example for others to emulate.

Please, fast forward again. Close to the end of Comrade’s final tenure as Governor, Alhaji Aliko Dangote, his good friend, invited some of us to the launch of his $1 Billion investment in Okpella, Edo State. It was at that launch that I noticed the ubiquitous presence of Mr Godwin Obaseki who was extremely busy running around to make the ceremony a huge success. Obaseki informed me of his gubernatorial ambition for the first time that day. He and Comrade were like Siamese twins and their camaraderie was palpable. It was apparent that he had the support of the Comrade and he intimated me as much.

I was therefore not surprised when Obaseki announced his aspiration and the rest, as the cliché goes, is history. Obaseki became Governor with the unalloyed support of Comrade who placed all the appurtenances of Government at his disposal to ensure his famous victory. Comrade and Obaseki were inseparable and were seen regularly together at public functions from the inception of the new Government. One was the Governor Emeritus while the other was the tyro Baby Governor. I witnessed their cordiality, first-hand, at a Tinubu Colloquium about two years ago at the Eko Convention Centre in Victoria Island, Lagos. It was there Comrade “instructed” Obaseki to hold me tight. “Dele is one of our icons stolen by the Yoruba people.
Please, you must bring him back home. I failed in achieving that in eight years, but you must not fail.” Obaseki gave me his direct line instantly. We chatted a few times and that was it really. The plan was to invite me to a reception and celebrate me amongst my father’s people. Perhaps, he got distracted, but I understand perfectly given where we are today. Interestingly, this was what then Governor Olagunsoye Oyinlola did, as Governor of Osun State, when he invited me to Osogbo and gave me a special recognition award as a distinguished son of Osun State.

Given the genesis of their relationship, Obaseki had been brought by Comrade into the politics, from the relative obscurity of investment banking, to head the Edo State Economic and Strategy Team. The way they had carried on for seven years whilst Comrade was Governor, and for a while after Obaseki became Governor, I never thought for a moment that Comrade and Obaseki would ever quarrel like other godfathers and their godchildren have been wont to do in this peculiar Nigerian clime. However, the ways of Nigerian politicians can never be understood by mere mortals like us, and things unravelled very quickly indeed once both men decided to part ways. Amidst allegations of betrayal, subterfuge and unbecoming insults, I am not in a position to determine who betrayed the other. For me it doesn’t really matter. The important thing is that this should never have happened to two seemingly good people who were practically in a tight relationship with each other. I have had the opportunity of speaking at different times to both of them, especially Comrade who I met at breakfast in Eko Hotel Signature in Lagos last yea. Comrade never said anything concrete enough to warrant the war of attrition that is now likely to consume at least one, or indeed both of them, if care is not taken. My own plea that day was for Comrade to forgive whatever iniquity or sin Obaseki might have committed. I’m one Christian who holds the Biblical injunction on forgiveness very close to my heart. There is nothing too big to forgive even if I can’t forget, and I do desperately try to forget as well. I have learnt that life is too short and there are always regrets all round afterwards.

In short, I continue to believe that Comrade should have treated Obaseki like a recalcitrant baby and leave him to his conscience because he is the older man and the benefactor. By playing dirty and wrestling in the mud with Obaseki, Comrade has diminished his status and importance in the eyes of onlookers nationally and internationally. In fact, Comrade has provided some lethal ammunition for his many vociferous critics and rabid enemies who have now, apparently, finally, gunned him down. How fatally he has been dealt with remains to be seen. I do hope that he heals quickly and bounces back

His firebrand style of politics is still something that I look forward to. Exactly two Sundays ago, I predicted what has happened to some mutual friends, Senator Tokunbo Afikuyomi and Hon. Oye Ojo when we discussed the raging imbroglio. As I also said to them that evening, what shall it profit a man who kills his own child in a pique and fit of anger? Especially when in the process the man himself appears to have sung his own nunc dimitis! I believe that if Oshiomole had left Obaseki alone, he would not have been suspended by his ward and there would therefore have been no basis for his removal as Chairman. Instead he went further to disqualify Obaseki as APC Governorship aspirant APC Party Chairman. Comrade would have done well to listen to Confucius who wrote, “Before you go on a journey of revenge, dig two graves”!

It seems now virtually late to make amends. Comrade and Obaseki have stripped themselves naked in the marketplace. Their underbelly and nudity have been harshly exposed. It is such a monumental tragedy. The battle is no longer a localized affair but a national struggle for the control of the ruling party ahead of the 2023 Presidential election.

Beyond Obaseki, I feel that Comrade was fighting, like a poor General, on too many fronts. He should have read the handwriting correctly to see that Obaseki was now a pawn in the game but he didn’t. This is unlike a man with his maturity in politics. I thought he was a master tactician and strategist but his performance as Chairman of APC totally belied this. The APC he presided over had become nothing but a “Fuji House of Commotion”, a place where, apologies to Chinua Achebe, the falcon could no longer hear the falconer. And so, things fell apart, and the centre could no longer hold.

Nigeria Records 684 New COVID-19 Cases, Total Now 23,298

Nigeria has recorded five new COVID-19 deaths with the total number of infections rising to 23,298.

The Nigeria Centre for Disease Control (NCDC) disclosed this via Twitter on Friday night.

The agency confirmed the new cases in 18 states and the Federal Capital Territory, Abuja.

Lagos still remains the epicentre of the virus with 259, while the FCT recorded 20 cases.

Statistics from the health agency shows that Oyo is trailing behind Lagos with 76 cases, Katsina with 69 cases and Delta having 66.

Other states with new cases include Rivers (46), Ogun (23) with Edo and Osun each recording 22 cases.

21 cases were recorded in Ebonyi, 16 in Kaduna while 10 cases were recorded in Ondo.

Meanwhile, states with the fewer figures include Imo and Abia each having 9 cases, Gombe (5), Plateau and Bauchi each having 4 cases, Ekiti (2) and Anambra (1).

With these latest figures, the total number of discharged persons stands at 8,253 with 554 deaths so far.

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