‘Nigeria Needs state Police Now’ - Amazon S3 · PDF file‘Nigeria Needs state...

11.04.2017A weekly pull-out

Mr. Dele Adesina, SAN

‘Nigeria Needs state Police Now’

2/dasHBoard 11.04.2017

oNiKePo BraitHwaite eDItoR JUde igBaNoi Deputy eDItoR aKiNwale aKiNtUNde RepoRteR tUNde BUsari GRoup HeAD

ocHi ogBUaKU ii ARt DIReCtoR

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MICHAEL JONATHAN NUMA The word “Canvass” in legal parlance means to discuss thor-oughly, to advance an issue, to examine a question in detail.This column attempts to critically analyse trending legal is-sues across several jurisdictions bordering on topics making the rounds at the material time, ranging from judicial deci-sions, to policy statements, guided political simulations, and socio-economic matters to statutory interpretations by com-

mentators within and outside the legal profession, proffering constructive criticism based on different well thought out perspectives.The writer, Michael Numa obtained his LL.B (Hons) and LL.M (Hons) from Delta State University and Queen Mary College, University of London re-spectively. He is a member of the School of International Arbitration London, Member of the Chartered Institute of Arbitration UK, Member of the Char-tered Institute of Patent Attorneys U.K.He is the Managing Associate of Messrs Karina Tunyan (SAN) & Co in the FCT, Abuja, Nigeria. He is an Intellectual Property and Private International Law Practitioner.

colUmNist

‘the eFCC has a presidential Advisory Committee Against Corruption that gives everything but the right advice. It is that panel that tells public officers not to obey an institution like the Senate, not to report to them. It is that panel that quotes the law upside down, and has enthroned illogicality and injustice. If Buhari wants to succeed, he should disband that panel, that Committee, immediately.’– Mike Ozekhome, SAN

successful Plea of self defence under the Penal codepAGe 4

‘there will always be issues on one or two things. the relationship between the executive and the legislature is cordial. you cannot examine it based on NDDC, or eFCC. we have other issues. we have Ministerials that we are working on, I'm sure INeC, we will soon be working on, we have the budget that is more important, pIB. It's a mixture of all that that should guide us. Don't let us overheat on some of these issues.’.'– Dr. Bukola Saraki, Senate President, Federal Republic of Nigeria ‘law is the Best

Profession in the world’pAGe 6

Judges, magistrates Brainstorm on role of Family courts in Justice administrationpAGe 5

Justice adejumo advocates improved welfare for employees at P&g seminarpAGe 6

winning war against corruption, lawyers must support the Fight - lasU VcpAGe 5

group Faults appointment of Judges to lagos BenchpAGe 5

casualties of “Petro-Naira warfare”: Free Niger delta from PollutionpAGe 7

‘Folake solanke: First Female silk @ 85pAGe 14

/3

Education! Education! Education!

I think I have deciphered the reason why the allocation for education in the budget in Nigeria is so low; in 2017, just N50 billion out of a N7 trillion budget. It is because Government and decision makers in Nigeria, do not place much value on education. With the ridiculously low educational qualifications

required to attain the highest positions in the land, it is hardly surprising.

UKRecently, I met a 16 year old Brit-

ish boy whose ambition is to go into politics. He is hoping to study Politics at Oxford University. He got all A stars in his O levels (equivalent of what we knew as WASC), and is now studying hard to make excellent grades in his A levels, so he can qualify for Oxford University.

Even though there seems to be no educational qualifications to become an MP (member of the House of Commons) in the UK for instance, the practice is that most of the MPs are well read. In a research program conducted by the Sutton Trust, the results showed that 72% of the MPs attended University, while about 63% of the Conservative MPs attended one of the “Sutton 13”, that is, the 13 leading Universities in the UK including Oxford, Cambridge, London School of Economics and University College, London (and they did not fake their results and/or certificates!).

School Certificate LevelSections 131(d), 142(2), 177(d), 65(2)

(a) and 106(c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2010)(the Constitution) provide for the educational require-ment of the President, Vice President, Governors, National Assembly and Houses of Assembly respectively. They are all only required to attend Secondary School up to School Certificate level (or its equivalent). They do not even have to pass the exams!

Shockingly, by virtue of Section 147(5) of the Constitution, a Minister only has to fulfil the same educational qualifica-tion as the members of the House of Representatives, that is, to be at least 30 years of age, with the same up to School Certificate level qualification.

Lack of UnderstandingMy question is how do people with

such a low level of education understand complex issues like budget, national planning, finance and so on? But the truth of the matter is that such a person can become a Minister etc in Nigeria. So what is the need to waste time and money on education, when you can attain the highest positions in the land without much of an education?

Why are we then surprised that there is such pandemonium in our country? Why do we express shock when a Governor, who also doubles as the Chairman of the Governors Forum, makes a public statement saying that the reason that Nigeria now has an outbreak of Meningitis C instead of the Meningitis A which has occurred in the past, is because of a curse or punishment from God because of our sins! The truth is that he may not know any better. All the research that I did on the Governor’s educational qualifications yielded no results. It was reported that his State, Zamfara, is the worst hit, with over 200 people allegedly dead from the outbreak already. Accusations of mishandling the disease outbreak in Zamfara have trailed the Governor, and instead of rising up to the occa-sion, to procure vaccines, treat the sick and quell the outbreak, he chooses to

wax religious, probably recalling the plagues that God unleashed on the Egyptians to ensure that they ‘let His people go’!

The Emir of Kano, His Highness, Mohammed Sanusi II called the Governor out on his statement, in his speech at the Kaduna Investment Summit which held last week, rightly stating that this is a medical issue, and vaccines and treatment for the sick should be provided forthwith. The Emir added that he has a degree in Islamic Law, and Governor Yari’s statement was not Islamically correct.

Legal ProfessionIt is only the representative from

our learned profession that must possess proper qualifications. The Attorney-General and Minister for Justice must be a Lawyer of at least 10 years standing, qualified to practice law in Nigeria, meaning he/she must go to University and pass out of Nigerian Law School (Section 150(2) of the Constitution). If this is the case for the Minister of Justice, why can it not be replicated in other areas? Going by the Constitution, the Minister of Health need not even have O levels, just to have studied up to that level. This is simply absurd and farcical.

I obtained a BBA (Bachelors of Busi-ness Administration) in Economics with a Minor in Business Administration. I decided that I was not educated enough. So when I completed my mandatory 1 year NYSC at Union Bank in 1987, I enrolled at the University of Lagos, got my LL.B (Hons) and obtained my BL from the Nigerian Law School in 1991. I can say with an air of certainty, that I know that I was certainly not equipped to be a Minister or Member of the National Assembly with the basic education that I acquired from Secondary School.

I Went to Harvard T ShirtHowever, it is somewhat amusing

that Politicians perhaps, seem to now realise that education may be important, but since they have ‘missed the boat’, some of them take the easy

route, and present false ‘Made in Oluwole’ educational qualifications. This is such an insult to those of us who have spent several years acquiring a complete education.

I watched Senator Dino Melaye on television the other day, claiming that he has 7 degrees and he is a graduate of London School of Economics and Harvard University! Na so to attend LSE and Harvard dey easy?! They maybe go for a 1 week program, if at all, buy an ‘I went to Harvard t shirt’ and claim to be graduates of these institutions. What courses did he study at these institutions?

Politicians, and Impostors, for the avoidance of doubt, the dictionary definition of a graduate is “a person who has successfully completed a course of study or training, especially a person who has been awarded an undergraduate or first academic degree”. The definition cannot be extended to 2 or 6 weeks emergency courses.

Constitutional AmendmentWhat am I trying to say? The

Constitution should be amended as regards the educational qualifications required for those who hold public offices. Several drivers that I have employed not only studied up to School Certificate Level, they actually have some O levels. However, putting them in any position of authority could be likened to standing in front of a moving truck. Disastrous. They were incapable of understanding intricate issues or making cogent decisions.

That is not to say everyone must go to University to be successful in life or to be intelligent. There are exceptions to the rule. There is Bill Gates! But he is a Harvard drop out (after 2 years), which means that he must have been highly intelligent in the first place, to have been accepted into Harvard. Ditto for the late Steve Jobs, the co-founder of Apple, who dropped out of Reed College. But most of us are not like them, we need that knowledge, expertise and experience of tertiary education to

The AdvocATe

OnikepO Braithwaite

[email protected]

"i watched SenatOr dinO Melaye On televiSiOn the Other day, claiMing that he haS 7 degreeS and he iS a graduate Of lOndOn SchOOl Of ecOnOMicS and harvard univerSity! na SO tO attend lSe and harvard dey eaSy?! they MayBe gO fOr a 1 week prOgraM, if at all, Buy an ‘i went tO harvard t Shirt’ and claiM tO Be graduateS Of theSe inStitutiOnS"

perform in our fields.

The Moral of the StoryGovernment, you need to pay more

attention to education and invest heavily in it like most other countries are doing. Or is it that, because we keep recycling the same people in Government, they are reluctant to educate the people, so that they do not come to the realisation that they have been had?

The world has become a global village. A 10 year old primary school pupil in Lagos is not just compared to his classmates, he is compared to fellow 10 year olds around the world. We need to take a leaf out of South Korea’s book. The reason that our economy is in shambles, is that we have been ruled by a bunch of discombobulated people who have no clue. South Korea achieved almost an economic miracle, because it focused on education. Even if we do not adopt an education strategy as extreme as that of South Korea, we need to up our educational game. From being a society plagued with mass illiteracy, South Korea has a literacy rate of about 97.9% today, as opposed to 22% in 1945. It now has a strong economy with brands like Samsung, Daewoo, Hyundai and LG.

In Nigeria, we have about a 50% literacy rate. We need to do better. The Ghanian literacy rate is over 70%. Some years ago, we visited Ghana. I was impressed with the way the driver that drove us around was able to discuss politics so knowledgeably. One could tell that in Ghana, they vote based on knowledge and conviction, not like our people who sell their votes for rice and groundnut oil.

4/law rePort 11.04.2017

amina adamu augie, JSc

Successful Plea of Self Defence under the Penal Code

Facts

On or about 23rd May 2009, at the High Level Area in Makurdi, a certain Aondogusha Abunka (deceased) and the Appellant (who was 16 years and 6 months old) were embroiled in an argu-ment, which subsequently degen-erated into a fight in a carpentry workshop. While the fight was on, the Appellant took a knife

from the carpenter’s workshop and stabbed the deceased on the left side of his chest. He was taken to the hospital where he later died. The Appellant was arraigned at the High Court of Benue State, Makurdi, on a charge of culpable homicide punishable with death. He pleaded not guilty. He admitted killing the deceased, but he put up a defence of self-defence. The trial Court held that the prosecution proved the case of culpable homicide against the Appellant beyond reasonable doubt, but was unable to hold that his intention was to kill the deceased. The trial Court found him guilty of the offence of culpable homicide not punishable with death, and sentenced him to prison for a term of ten (10) years.

Dissatisfied with the judgement of the trial Court, the Appellant unsuccessfully appealed to the Court of Appeal. Still dissatisfied with the decision of the Court of Appeal, the Appellant further appealed to the Supreme Court.

Issues for DeterminationAt the Supreme Court, the Appellant formulated

five issues for determination of the Court, to wit:“i. Whether the Court below was right when in

its judgment it held that the defence of self-defence is not a complete defence or answer to an offence of culpable homicide punishable with death or not punishable with death under the Penal Code Cap 124, Law of Benue State, 2004?

ii. Whether the Court below was right in affirming the decision of the trial Court that the Respondent proved beyond reasonable doubt a case of culpable homicide against the Appellant when the trial Court made a finding of fact that the defence of self-defence availed the Appellant who had no intention to kill he deceased?

iii. Whether the Court below in its judgement adequately appreciated, considered and or decided on all issues properly raised and canvassed before it by the Appellant in arriving at its decision?

iv. Whether the Court below was right when it held that the trial Court had wrongly exercised its discretion in sentencing the Appellant to 10 years imprisonment without option of fine, having regards for the facts and circumstances of the case on appeal?

v. Whether the Court below was right when it held in its judgement that the Respondent’s Brief of Argument was not an incompetent process in law and thereby dismissing the appeal on the issue?

The Respondent formulated only one issue for determination, which is:

“Whether the Court below was right by affirming and upholding the conviction and sentence passed by the trial Court on the Appellant for the offence of Culpable Homicide not punishable with death contrary to Section 225 of the Penal Code Cap.124, Laws of Benue State, 2004.”

The Supreme Court stated that the crux of the issue in the appeal was whether the defence of self-defence is a complete defence or not.

ArgumentsIn arguing the appeal, Counsel for the Appellant

submitted that the Court of Appeal was in grave error when it affirmed the decision of the trial Court, which held that the defence of self-defence availed the Appellant, but convicted him for culpable homicide not punishable with death and sentenced him to ten (10) years imprisonment. He stated that the decision is a misconception of the defence of self- defence under the Penal Code Law applicable in Benue State and an erroneous application of the law. Counsel for the Appellant further submitted that by holding that the defence of self-defence avails the Appellant and that the prosecution proved its case beyond reasonable doubt, the court pronounced the Appellant guilty and innocent at the same time. He referred the Court to the provisions of the Penal Code Law dealing with criminal responsibility – Sections 43 to 67 – and submitted that self-defence availed the Appellant and by Section 59 thereof, the irresistible

conclusion is that his act in defence of himself is not an offence so as to be punished for the act. Counsel submitted that since the Appellant did not commit an offence under Section 59 of the Penal Code, his case is not an offence under Section 33(2)(a) of the 1999 Constitution and he shall not be held guilty of a criminal offence under Section 36(8) of the Constitu-tion. He relied on the cases of THE STATE v DR. MURTARI KURA (1975) 5 UILR and AMEH v THE STATE (1978) NSCC 373 where the Supreme Court dealt with this issue and arrived at different conclu-sion from the position of the Courts below.

Counsel for the Respondent on the other hand, argued that the Court of Appeal was right to have affirmed and upheld the conviction and sentence of the Appellant by the trial Court. Counsel contended that under the Penal Code, the defence of self- de-fence is not a complete answer to a charge of culpable homicide punishable with death. He argued that all the cases cited by the Appellant were based on the Criminal Code and therefore, inapplicable in this case. Counsel for the Respondent argued further that the heavy weather made of the provisions of the Penal Code by the Appellant, merely amounts to an aca-demic voyage aimed at wasting the time of the Court. He stated that under the Penal Code, the defence of self-defence only ameliorates the Appellant’s punish-ment, it does not exonerate him. He cited the cases of SULE v STATE (2009) 38 NSCQR (PT. II) 1069 and ABARA v STATE (1981) 2 NCR 110 in support of his case.

In the Reply brief, the Appellant argued that the true interpretation of law and reliance placed on a defence of self-defence cannot amount to an academic voyage aimed at wasting the time of the Court.

Court’s Judgement and RationaleA citizen has a right to defend his person, family

and property against unwarranted aggression, tres-pass or threat. This right is guaranteed to all citizens of Nigeria by Section 33(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The guiding principles are necessity and proportion. The force used must have been necessary and it must have been reasonable. The limits within which section 33(2) of the Constitution operates are set out in the Criminal and Penal Codes. Section 59 of the Penal Code provides that nothing is an offence which is done in the lawful exercise of the right to private defence. Section 32(3) of the Criminal Code also provides that a person is not criminally liable for an act, when the act is reasonably necessary in order to resist actual and unlawful violence threatened to him or to another person in his presence. Relying on the authorities of UWAEKWEGHINYA v STATE (2005) 9 NWLR (PT. 930) 27 and KWAGHSHIR & ANOR. v THE STATE (1995) 3 NWLR (PT. 386) 651 SC, the Supreme Court concluded that the effect of a success-ful plea of self-defence is the same under the Penal Code and the Criminal Code.

A successful plea of self-defence negates the existence of an offence; so that where a person kills another in defence of himself, such killing is excused, and it does not amount to Manslaughter under the Criminal Code or Culpable Homicide not punishable with death under the Penal Code. The defence of self-defence is a complete defence under the Criminal Code and the Penal Code and a successful defence of self-defence leads to the discharge and acquittal of the Accused person. The simple moral idea, incorporated in all legal systems, including Nigerian criminal law, is that no one should be convicted of a crime, unless some measure of subjective fault can be attributed to him. Based on the foregoing position of law, Their Lordships held that the Court of Appeal misconceived the law applicable to the defence of self-defence, when it held that the defence merely ameliorates but does not completely exonerate the guilt of the Appel-lant. The Apex Court found the Appellant not guilty, acquitted and discharged him.

Appeal Allowed.

Representation:Miss E.N. Tinosha with O.F. Eche, Esq. for the Appel-

lant

Mrs. B.E.T. Surma (PSC II, Ministry of Justice, Benue State) for the Respondent

Reported by Optimum Law Publishers Limited(Publishers of the Nigerian Monthly Law

Reports (NMLR))

"Self-defence iS a cOMplete defence under the criMinal cOde and the penal cOde, and a SucceSSful defence Of Self-defence, leadS tO the diScharge and acquittal Of the accuSed. where a perSOn killS anOther in defence Of hiMSelf, Such a killing iS excuSed, and it dOeS nOt aMOunt tO ManSlaughter under the criMinal cOde Or culpaBle hOMicide nOt puniShaBle with death under the penal cOde"

In the Supreme Court of NigeriaHolden at Abuja

on Friday the 17th day of February, 2017

Before their lordshipsolabode Rhodes Vivour

Clara Bata ogunbiyi Amiru Sanusi

Amina Adamu Augie paul Adamu Galinje

Justices, Supreme CourtSC. 450/2014

Betweenpeter ogbu.............. Appellant

And the State .............Respondent

Lead Judgement delivered by Honourable Amina Adamu Augie, JSC

11.04.2017 News/5

Judges, Magistrates Brainstorm on Role of Family Courts in Justice AdministrationStories by akinwale akintunde

Judges and Magistrates of the Family Courts across the country gathered in Lagos last week, to critically appraise the impact and role of family courts in the administration of justice in Nigeria.

The event tagged 'National Conference of Family Court Judges and Magistrates', was organised by the Lagos State Judiciary in partnership with UNICEF.

The 3-day inaugural conference held at Golden Tulip Hotel, FESTAC Town, with the theme 'A Critical Appraisal of the Impact and Role of Family Courts in the Administration of Justice in Nigeria' was declared open by Lagos State Governor, Akin-wunmi Ambode, who observed that Incidences of divorce and judicial separation, has rendered not less than ten million Nigerian children homeless and exposed to various social vices.

The Governor who was represented by his deputy, Dr. Idiat Adebule, challenged participants at the conference to look at the provisions of the Matrimonial Causes Act and align it with that of the Child Rights Law, while adjudicating on cases bordering on divorce and judicial separation.

He said that this has become necessary, because cases of

divorce and judicial separation are impacting negatively on the children and may expose them to abuse and neglect which may hinder their effective development in the society.

While decrying the rise in domestic and sexual violence against children, Ambode charged the conference to examine the trend with provisions of the law and proffer solutions that would ameliorate the situation.

“Our administration strongly believes in the Child Rights Law and its provisions because as parents and custodians, we have an inalienable responsibility to ensure that no child is unduly deprived of the basic necessities of life, including the right to a family name, love, education, shelter and healthcare”, he said.

In her welcome address, Lagos State Chief Judge, Justice Olu-funmilayo Atilade, also decried the increasing spate of child molestation, juvenile delinquency, pedophilia, rape and domestic violence in the Nigerian society, in spite of sustained advocacy and relevant legislations that are aimed at curtailing the occurrence of the vice and related crimes.

Atilade said that the concern of the judiciary for the sanctity of the family institution is informed by the need to further preserve and ensure the protection of its members, especially women and children, through appropriate legal framework and incisive

judicial process at high courts and magisterial levels.

According to the Chief Judge, this ugly development informed the need for the conference and choice of the theme, which she contended is critical and germane to addressing issues confronting the family and the larger society.

She stressed the need for participants at the conference to jointly undertake a review of the extant rules, legislations and judicial process, with a view to proffering practical solutions and chart a new course for family matters in line with global best practice.

The State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem, in his remarks also condemned domestic and sexual violence and child abuse, and urged the Domestic and Sexual Violence Response Team (DSVRT) not to relent in the task of ridding the society of the vice.

“We must send a message to those who abuse our women and children, that Lagos State Government has zero tolerance for such perpetrators", he added.

Kazeem charged participants at the conference to focus on asset distribution between estranged husband and wife in divorce and judicial separation cases, in a way that would be beneficial to the children to

preserve family values.In a keynote address, Head of

the Family Court, Lagos High Court, Justice Yetunde Idowu decried that, in spite of the achievement recorded in the State on child rights and protec-tion of family values, there are still cases of children hawking and begging on the streets of major cities, when they should be in schools.

Justice Idowu said the State Government has set up special courts, policies and programmes to cater for and protect children in need of care and protection.

“It is now a crime in our state to abuse and violently punish children. Laws have been created to address domestic violence, child labour, mental and sexual abuse, child abduction and trafficking, betrothals and marriage of children, and calling and labeling a child a witch or wizard”, she said.

Other topics deliberated upon at the conference include, The Role of Government in the Family Justice System: the Future and Challenges Confronting the System in Nigeria, Child Marriage and the Need to Adopt the Child Rights’ Act 2003, The Need for Professionalism in Social Work in Nigeria, Protecting Children and Vulnerable in the Family Court and Crimes of Passion: Homicide, Domestic Violence and Rape.

l-r: head of family courts, Justice yetunde idowu, chairman, Judiciary committee, lagos State house of assembly, hon. funmilayo tejuoso, lagos State attorney-general and commissioner for Justice, Mr. adeniji kazeem, lagos State chief Judge, hon. Justice funmilayo atilade and lagos State deputy governor, dr. idiat adebule at the national conference of family court Judges and Magistrate, last thursday

Winning War Against Corruption, Lawyers Must Support the Fight - LASU VC

The annual lecture, 11th in the series, was organised as part of the activities marking the Nigerian Bar Association (NBA) Ikorodu Law Week.

The Law Week is a week set aside by the branches of the NBA across the country, to celebrate the legal profession.

Fagbohun said to win the war against corruption, every lawyer must support all rules that would make the courts succeed in fighting corruption.

He noted that the crisis of corruption would continue to eat deep into the system, as

long as the bench and the bar continue to shy away from their responsibilities to the society.

The erudite Professor enjoined legal practitioners to embrace global best practices to fight the negative impact of corruption in the country, adding that the Judiciary should continue to uphold the tenets of equity and fairness, by dispensing justice without fear or favour.

"If the bench and the bar are indeed responsive, they can effectively serve to keep

corrupt activities, particularly as it concerns public officers and public institutions, in check", he stated.

Fagbohun lamented public dissatisfaction with the coun-try's judicial system, unlike the situation in developed jurisdictions where courts are among the trusted government institutions.

According to him, aside from the challenge of de-layed justice, the judiciary is enmeshed in controversies of corruption involving both the bar and the bench.

The Vice Chancellor of Lagos State University (LASU), Pro-fessor Olanrewaju Fagbohun, has urged lawyers to support all relevant agencies and stakeholders, especially the court to wage war against corruption.

Fagbohun, a Professor of Law, made this call last Tues-day in a lecture he delivered at the Asiwaju Babatunde Olusola Benson, (SAN) annual public lecture titled, "Combating Corruption in a Recession: The Transformative Role of the Bar and the Bench".

Group Faults Appointment of Judges to Lagos Bench

A human rights group, Ac-cess to Justice, has faulted the recent appointment of three new judges to the Lagos State Bench, saying that the appoint-ment process failed to comply with the National Judicial Council (NJC) Guidelines of 2014, for the appointment of judicial officers.

Access to Justice disclosed this in Lagos last Tuesday, at a press briefing addressed by its Executive Director, Mr. Joseph Oteh and the Deputy Director, Dr. Adenike Aiyedun.

It would be recalled that three judges, Justice Idowu Alakija (former Director of Public Prosecution, Lagos State Ministry of Justice), Justice Emmanuel Ogundare (former Chief Registrar, Lagos State High Court) and Justice Serifat Solebo (former Deputy Chief Registrar, Lagos High Court) respectively, were on March 8, 2017 sworn in by Lagos State Governor, Akinwunmi Ambode.

The group stated that while it has nothing against the newly sworn in judges or against their individual merit, it has strong concerns about their appointment process.

According to the human rights group, its fact-finding inquiry revealed that the procedure adopted by the Lagos State Judicial Service Commission fell short of the mandatory standards, and failed substantially to follow the NJC judicial appointment guidelines of 2014.

"While Access to Justice has nothing against the newly sworn in judges or against their individual merit, we however, have strong concerns about whether the Lagos State Judicial Service Commission fully or even substantially, complied with the National Judicial Council Guidelines and Procedural Rules for the appointment of Judicial Officers of all Superior courts in Nigeria.

"After a fact-finding inquiry, Access to Justice has reached the conclusion that the procedures adopted by the Lagos State Judicial Service Commission fell short of the mandatory standards, and did not substantially follow the NJCJudicial Appointment Guidelines of 2014.

"Access to Justice conducted interviews with officials of the Nigerian Bar Association (NBA) in the Ikeja, Lagos Island, Ikorodu and Badagry branches, as well as staff of the High Court. Our findings revealed that the appointments of the new High Court judges in Lagos State, were not conducted in accordance with the provisions of NJC Guidelines", it stated.

According to Access to Justice, the Lagos State Chief Judge/Judicial Service Commission of Lagos State saddled with the responsibility of complying with the guide-lines, failed to adhere to the procedures by not publicising the available vacancies, prior to the appointment of the new judges.

"Related to this, we did not find evidence that there was a letter written to the Chairmen of every Branch of the NBA in the State, for the nomination of suitable candidates.

"The Lagos State Judiciary also failed to send a provisional list of applicants and nominees to the respective NBA branches for comments. Although at the Ikorodu branch of the NBA, we confirmed that a shortlist of nominees was sent with requests for comments and suggestions on the suit-ability and eligibility of the candidates. This was however, done a week before the judges were officially appointed sug-gesting that the notification was merely a formality and could not have altered the outcome", Access to Justice stated.

The group therefore called on National Judicial Council, NJC, to investigate their claims that the council guidelines were flouted in the recruitment process, while insisting on the observance of due diligence in future judicial appointments at both state and federal levels.

Access to Justice also expressed concerns for con-tinuous wilful disregard of the rule of law by the Federal Government.

Particularly, the group condemned the continued detention of the leader of the Islamic Movement, Ibrahim El-Zakzaky and his wife, who were arrested since December, 2015.

He admonished the bar and the bench to exhibit preference for an efficient judiciary, if the status quo is not to persist.

In her opening remarks, Lagos State Chief Judge, Hon. Justice Olufunmilayo Atilade, urged members of the legal profession to fully support the fight against corruption.

The Chief Judge who was represented by Justice Oke Lawal said, "everybody should play a part in fight-ing corruption, so that we can make Nigeria a noble country. This way, Nigeria can take her

pride of place in the comity of nations".

In his brief intervention, Justice Lateef Lawal-Akapo also aligned himself with the Chief Judge by advising lawyers to stop interfering in the work of the bench.

Earlier In his welcome address, the Chairman, NBA Ikorodu, Mr. Levi Adikwaone, in setting the tone for the discourse, lamented that corruption has become endemic in the country and urged lawyers to play their role in stemming the trend.

6/ 11.04.2017

Justice Adejumo Advocates Improved Welfare for Employees at P&G Seminar

My name is Adeyinka Moyosore Kotoye. I attended the University of Ibadan and was called to the Nigerian Bar in 1998. I served in the firm of Afe Babalola, SAN & Co. In February, 1999, I started working in the firm of Chief G.O.K Ajayi, SAN & Co. In August, 2000, I joined Libra Law Office, where I worked under the tutelage of Mrs. Hairat A. Balogun. I was there till January 2009, when I started Pisces and Gemini Law Office (P.A.G.E) in Ikeja. I have been a Partner in the office since then. I am Married with three wonderful sons.

Have you had any challenges in your career as a lawyer and if so, what were the main challenges?

There have been several challenging situations but I don't look at them in that perspective. I don't consider them as challenges at all. I take them in my stride. Life itself, is full of challenges.

What was your worst day as a lawyer?I have never had any "worst day" as a

Lawyer. I have been in active litigation right from the day I was called to the Bar. I think I was called on a Thursday. I started going to court the following Monday with Mr. Hakeem Afolabi, SAN, one of the greatest legal minds that I have ever come across. Therefore, for me, the Court room is a natural habitat, my fortress. Without sounding immodest, advocacy is second nature. The only punishment you could administer to me as a young counsel, was to take me out of the court, and nevertheless,

I would still find a way to go back and watch the proceedings.

What was your most memorable experi-ence?

I got initiated into high level litigation when I filed the Petition on behalf of Chief Olu Falae in 1999. I was working with the Late Chief G.O.K. Ajayi, SAN at that time. Since then, every day in court has been very memorable,

whether I lose or I win. It does not matter. I just enjoy the ambiance of the Court room. I gives me some form of motivation. There is always something new to learn and take away.

Who has been most influential in your life?

My Mother and Bishop David Oyedepo. While I was growing up they had a very huge influence on me, but lately, my Wife.

Why did you become a lawyer?My decision to become a Lawyer dates back

to 1979 during the campaign for that year's general election. I got inspired by the picture of the late sage Chief Obafemi Awolowo, SAN, which I saw on a poster somewhere within our neighbourhood. Of course, you dared not bring the picture to the house, because almost the entire household were members of the defunct National Party of Nigeria (NPN). Between ages 15- 18, I read nearly all Chief Awolowo's books, to wit: "My March through Prison", "Thoughts on the Nigerian Constitution" etc. Also within the same period, I started reading Autobiographies of people like Chief Ernest Shonekan, GCFR, Late Abel Ubeku, late Adeyemi Lawson, Ayo Rosiji and I thought I could model my career along that path before I stumbled on litigation in Chief Afe Babalola's office.

What would your advice be to anyone wanting a career in law?

Its the best profession in the world.

If you had not become a lawyer, what would you have chosen?

Nothing. I never had a second choice. It was so bad that while filling my application forms for HSC at the Federal School of Arts and Science (FSS), Victoria Island, Federal Government College, Ijanikin and Ogun State Polytechnic, Abeokuta, I wrote "Law" in all the columns meant for subjects. The head of those institutions then had to call my father at different times, to make inquiries on the motive for my obsession with Law. It was the same situation while filing my JAMB forms. First choice was "Law". Second choice was "Law".

Where do you see yourself in ten years?Certainly not where I am at the moment.

I am too restless to be static or stagnant. The office has just ventured into publishing. There has been a public presentation of our two flagship products, titled " Appeal Cases of Nigeria" which is going to be a monthly law reporting journal in the mode of the London Law Times Journal and "Practice Digest for Legal Practitioners" which is also going to take the form of the old Empire Digest. They are in both hard and soft copies. The public presentation was on the 10th of August, 2016 at the Bar Centre, NBA Ikaja branch which is situated inside the High Court complex beside Archbishop Vininng Memorial Church, GRA, Ikeja. This is our focus at the moment. Deo Volenti, other things may be added in the future.

legal Personality of the week Adeyinka Moyosore kotoye

‘Law is the Best Profession in the World’

adeyinka Moyosore kotoye

Jude igbanoi

The President of the National In-dustrial Court, Hon Justice Babatunde Adejumo, has stressed the need for employers to provide a better working environment and welfare packages for the their employers.

Adejumo, who was the Chairman at the Annual lecture of Perchstone & Graeys law firm in Lagos last Friday, said in his opening remarks that the NIC has of recent been inundated with litigious cases of ill-treatment of workers by employers, inhumane welfare packages, sexual harassment in workplaces and insecurity of jobs.

The seminar organised by the law firm as one of its corporate social responsibilities had as theme ‘The Changing Face of Nigerian Labour

Law Jurisprudence Vis-à-vis the Realities of a Developing Economy'.

The Lead Speaker, Hon Justice (Dr.) B.B. Kanyip of the National Industrial Court, led the discussion with his paper on “The Changing Face of Nigerian Labour Law Jurisprudence and What Employers of Labour Need to Know.”

Other panelists include Professor Chioma Agomo of the University of Lagos, Mr. Yinka Sanni, MD/ CEO of StanbicIBTC Bank, Mr. Dennis Zulu, Director, International Labour Organisation Office for Nigeria, Ghana, Liberia and Sierra Leone, Mr. Olusegun Oshinowo, Director General, NECA and Mr. Folabi Kuti of Perchstone & Graeys.

Professor Chioma Agomo expressed concern over the rising incidents of sexual harassment in Nigeria’s workplaces, and the seeming in-capacitation of the law to address the issue.

Having worked closely with the NIC since its inception in 1992 as a facilitator of many of the court’s programs, she admonished men, especially employers of labour, to be aware of the grave consequences of their acts, and that female employees should not feel shy or intimidated to report all such acts against their persons to the right authorities for prompt criminal action.

The seminar also addressed the vexed issue of gender discrimination in work places and the regulation of female workers' reproductive rights, liabilities of the employer in employee compensation, employers and intellectual property on patents, ADR in labour matters, statutory and legal provisions on termination, dismissal and pensions.

l-r: chief a.O eghobamien, San, Mr. Osaro eghobamien, San and Justice Obaseki-Osaghae at the p&g Seminar last friday photo: kOlawOle alli

Jude igbanoi

On March 10, 2017, the Court of Appeal in Ap-peal Nos CA/L/1144/2015 and CA/L/1145/2015 - CNOOC Exploration & Production Nigeria Ltd. & Anor v Nigerian National Petroleum Corporation & Anor upheld the jurisdiction of the Tax Appeal Tribunal (TAT) to determine tax disputes. The appeals arose from disputes over petroleum profits tax and tertiary education tax assessments issued to the Appellants by FIRS. In the course of resolving the tax disputes between the Appellants and FIRS, the Tax Appeal Tribunal (TAT) made orders joining NNPC as a party. At the TAT, NNPC objected to the orders joining it as a party, and also challenged the jurisdiction of the TAT to hear the disputes on the ground that the subject-matter of the

dispute was within the exclusive jurisdiction of the Federal High Court. The TAT however, ruled that it had jurisdiction to determine the disputes, but struck out NNPC as a party.

NNPC then appealed against the rulings of the TAT striking it out as a party, contending inter alia that, the TAT did not have jurisdiction to determine tax matters, as such matters were within the exclusive jurisdiction of the Federal High Court. The Federal High Court agreed with NNPC’s arguments and held that the TAT lacked the jurisdiction to hear and determine tax disputes in view of Section 251(1) of the 1999 Constitution (as amended).

Dissatisfied with the judgement of the Federal High Court, the Appellants further appealed to the Court of Appeal. At the Court of Appeal, the Appellants represented by Adedapo Tunde-

Court of Appeal Upholds the Jurisdiction of the Tax Appeal Tribunal to Determine Tax Disputes

Olowu, FCIArb, FCTI and his team from ǼLEX Law Firm, argued that the TAT’s jurisdiction to determine tax disputes did not encroach upon the exclusive jurisdiction of the Federal High Court as conferred on it by section 251(1)(a) and (b) of the 1999 Constitution (as amended). The Appellants explained that institution of tax appeals at the TAT before approaching the Federal High Court, was merely a condition precedent to approaching the Federal High Court, and that in any event, the decisions of the TAT could be reviewed and quashed by the Federal High Court upon an application for judicial review or appeal to that Court.

The Court of Appeal agreed with the Ap-pellants’ arguments and held that the TAT has jurisdiction to adjudicate over tax related disputes.

11.04.2017 /7

Casualties of “Petro-Naira Warfare”: Free Niger Delta from Pollution

"the nigerian gOvernMent tO: Be reMinded that yOur priMary reSpOnSiBility iS tO prOtect all nigerianS frOM all fOrMS Of threatS tO their Safety and welfare, including envirOnMental threatS; iMMediately cOMMence cleanup Of OgOniland in accOrdance with the recOMMendatiOnS in the OgOniland repOrt uSing reliaBle, innOvative, and effective Oil-reMOval technOlOgieS; iMMediately evaluate and cleanup Of Other pOlluted areaS in the niger delta"

A Polluted environment is a deadly one- particularly for young children

-Margaret Chan, WHO Director-General

According to the World Health Organisation (“WHO”) in recently released report(s) on children's health and the environment dated March 2017 “[e]very year, environmental risks-such as indoor and outdoor air pollution, second-hand smoke, unsafe water, lack

of sanitation, and inadequate hy- giene-take the lives of 1.7 million children under five years” (WHO, 2017).

March 22nd, 2017: World Water DayWorld Water Day provides an opportunity for

this writer to again highlight the severely polluted environment in the Niger Delta Region of Nigeria (“Niger Delta”), implore the Nigerian Government to immediately commence the cleanup of Ogoniland, Rivers State (“Ogoniland”), and identify, evaluate, and clean up other polluted areas in the Niger Delta, in order to prevent “environment-pollution” deaths in the Niger Delta. Events marking World Water Day, observed annually on the 22nd day of March, highlight the value of freshwater and promote sustainability in freshwater resources management (UN-Water, 2014). The focus of 2017 World Water Day was “Wastewater.”

Decades-old oil and gas exploration, production, and related activities conducted in the Niger Delta, have caused severe damage to the environment in the Niger Delta, particularly in Ogoniland and other parts of Rivers State. Ogoniland, Nisisioken Ogale Community in particular, is used as a reference point for other communities in the Niger Delta that have a severely polluted environment. It is not unreasonable to suggest that the environment in the Niger Delta is affected by wastewater discharges from oil and gas exploration, production and associated activities.

Petro-Naira Warfare & Environmental Prisoners

It is not hyperbole when this writer says that the men, women, and children in the Niger Delta, particularly in Rivers State, are being held “hostage” by a polluted environment, their homes, businesses, livelihoods and communities are under “siege” to a polluted environment, they are “collateral damage” of “Petro-Naira Warfare” and “Environmental Prisoners”. This writer considers “Petro-Naira Warfare” to be environment-ravaging oil and gas exploration, production, and related activities under government licence and illegal artisanal crude oil refining in the Niger Delta. Building upon the term “Environmental Refugee”, this writer proposes and defines a new term “Environmental Prisoner” as a person whose quality of life, wellbeing, life expectancy, livelihood, and ability to freely move around is cur- tailed, disrupted, or threatened by severe environmental pollution (Tamuno, 2017).

Wastewater: A Global ConcernWhy is wastewater a global concern? In a

very broad sense, wastewater is used water from domestic, commercial, industrial, or agricultural activities or processes and is a concern because untreated wastewater, can negatively impact water quality. Target 6.3 of the International Sustainable De- velopment Goal (SDG) 6 (ensure availability and sustainable management of water and sanitation for all) sets a goal: “[by] 2030, [to] improve water quality by reducing pollution, eliminating dumping and minimising the release of hazardous chemicals and materials, halving the proportion of untreated wastewater and

substantially increasing recycling and safe reuse globally” (UNDP, 2017).

Contamination of OgonilandSupport for this writer’s assertion that the people

in the Niger Delta are En- vironmental Prisoners may be found in conclusions and key findings pre- sented in the United Nations Environment Programme/UN-environment (“UNEP”) Ogoniland Environmental Assessment Report released in August 2011 (the “Ogoniland Report”). Two findings that succinctly encapsulate the life-threatening conditions in Ogoniland are:

UNEP’s field observations and scientific investigations found that contamination in Ogoniland is widespread and severely impacting many components of the environment. Even though the oil industry is no longer active in Ogoniland, oil spills continue to occur with alarming regularity. The Ogoni people live with this pollution everyday (UNEP, 2011).

Since average life expectancy in Nigeria is less than 50 years, it is a fair assumption that most members in the current Ogoniland community have lived with chronic oil pollution throughout their lives (UNEP, 2011).

Despite the Ogoniland Report and a June, 2016 announcement that the Federal Govern-ment of Nigeria has put in place funding and legal struc- tures to commence the cleanup of Ogoniland, reportedly, to date the money for the Ogoniland cleanup has not been encumbered and the cleanup has not started.

Equity & Justice for the Niger DeltaEnvironmental RacismFellow Nigerians and people of goodwill around

the world, where is equity and justice when it comes to the people in the Niger Delta? How many people in the Niger Delta have to die from diseases caused by harmful substances in the environment, including benzene-induced cancers, before the Nigerian Government commences Ogoniland’s cleanup? This writer asserts that it is environmental racism that people in the Niger Delta are Environmental Prisoners.

Water InjusticeFellow Nigerians and people of goodwill

around the world, where is equity and justice when it comes to the water resources of the people of the Niger Delta? This writer asserts that it is Water Injustice that the people in the

Alali Tamuno, in commemoration of World Water Day, March 22nd, 2017, condemns the pollution and contamination of Ogoniland and the Niger Delta, consequent upon decades-old oil and gas exploration, production and related activities, resulting in unsafe water, amongst other ills. She demands that Government lives up to its responsibilities, by embarking on an immediate clean up of all the polluted areas, to avoid environment pollution deaths and further degradation of the areas

Niger Delta have to continually cry “water, water everywhere but not a drop to drink” and the Nigerian Government fails to take any action to safeguard water resources in the Niger Delta. Water Justice for the people in the Niger Delta, requires the protection of water resources in the region from oil and gas exploration, production and associated activities that pollute water resources in the region threatening the social, economic and environmental rights of the Niger Delta people.

Security & WelfareFellow Nigerians and people of goodwill

around the world, where is equity and justice when it comes to the Niger Delta people and their environment? Is the security and welfare of the Nigerian people as set forth in Section 14(2)(b) of the 1999 Nigerian Constitution (“Consti- tution”) no longer the primary purpose of the Nigerian Government?; Doesn’t Section 14(2)(b) of the Constitution apply to the people in the Niger Delta? (as I have previously opined, Section 14(2)(b) of the Constitu- tion should be read with an environmental component); doesn’t SDG 6 ex- tend to the people in the Niger Delta?; Is there a caveat in Section 41(1) of the Constitution limiting the Niger Delta people’s movement to a polluted environment?; Doesn't the right to the “best attainable state of physical and mental health” as set forth in Article 16 of the African Charter on Human and Peoples’ Rights adopted in 1981 (“African Charter”) also apply to the people in the Niger Delta?; Shouldn’t the people in the Niger Delta enjoy a right to a general satisfactory environment favourable to their development as set forth in Article 24 of the African Charter?; Shouldn’t the people in the Niger Delta demand a right to clean and safe water as provided in international law?; and Don’t the people in the Niger Delta have a right to life as set forth in Section 33(1) of the Constitution? (clean and safe water is an essential requirement for human wellbeing and life).

The Nigerian Government is reminded that in 2010 the United Nations General Assembly affirmed a right to safe drinking water as a human right “that is essential for the full enjoyment of life and [other] human

rights” (UNGA, 2010), and Nigeria is a party to the African Charter and has domesticated the

African Charter into Nigerian law by means of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9 LFN 2004.

Conclusion:I conclude by imploring:

Protection of All Nigerians from Environ-mental Threats

The Nigerian Government to: be reminded that your primary responsibility is to protect ALL Nigerians from all forms of threats to their safety and welfare, including environmental threats; immediately commence cleanup of Ogoniland in accordance with the recommendations in the Ogoniland Re- port using reliable, innovative, and effective oil-removal technologies; immediately evaluate and cleanup of other polluted areas in the Niger Delta, especially in Rivers State, as re-contamination can occur if every polluted area is not remediated, particularly as it concerns groundwater contamination. These recommended first steps should be immediately taken so that the people in the Niger Delta can regain their freedom from the decades- old polluted environment.

DemandsThe men, women and children from, and in, the

Niger Delta, we also have a role to play to regain our freedom from the polluted environment in the Niger Delta, which has kept us Environmental Prisoner(s) for decades. We should: not, through our actions or inaction, contribute to pollution in the Niger Delta; take precautionary measures to prevent pollution of the environment in the Niger Delta from harmful chemicals; participate in environmental decision making processes with respect to our communities and in environmental enforcement; demand and obtain information on the environment in the Niger Delta from the government and companies that pollute the environment; require, and attend, public meetings/hearings on the environment in our communities; seek and obtain technical assistance grants to hire experts to assist our communities to speak with one voice on environmental matters that affect us; require the enactment of comprehen- sive environmental laws, regulations, standards and guidance and the enforcement of such legal instruments; demand the establishment of a Toxic Release Inventory to obtain information about the release of toxic chemicals in our communities; require the establishment of an Oil Spill Fund in Nigeria to pay for the cleanup of all polluted sites in Nigeria-funding for such fund should come from oil companies and associated companies op- erating in Nigeria in the form of e.g. taxes, registration, and licence fees; demand the inclusion of citizen suit and environmental court provisions in environmental laws in Nigeria and seek redress in court for violations to the environment, a public resource; and speak with one voice demanding an end to environmental racism with respect to the Niger Delta and its people.

High-level Nigerian Government Officials: be humbled by the enormous political power you are given, which requires more social responsibility from you; be aware that sustainable development is impossible in a polluted environment; and respond positively to the demands in the preceding paragraph.

For ALL Nigerians and people of good will around the world, let us be guided by an indigenous American saying to “treat the earth well: it was not given to [us] by [our] parents, it was loaned to [us] by [our] children. We do not inherit the Earth from our Ancestors, we borrow it from our children.”

Alali Tamuno, Esq., S.J.D Senior Attorney, Office of General Counsel, New York State Department of Environmental Conservation

8/coVer 11.04.2017

Learned Senior Advocate, there has been some controversy on whether Ibrahim Magu can continue as Acting Chairman of EFCC hav-ing been rejected twice by the Senate. What is your opinion on this matter? Do you believe that the rejection of Magu by the

senate is justified? Is it lawful for Magu to still continue as the Acting Chairman of EFCC?

Thank you very much. You seem to have asked a three barrelled question rolled into one. In my humble opinion, I think the issue of Mr. Magu has been over-flogged. This issue has been in the public discourse for a long time that I think we should get to an end of it and get the nation to move forward. For me, the most expensive thing in life is time,

‘Nigeria Needs State Police Now’

and I think as a Nation, we are spending too much time on this issue. Having said that, it is not correct to say that Mr. Magu was rejected twice by the Senate. As far as I am concerned, he has been screened only once. The first time he appeared before the Senate, he was not screened having regard to the provisions of the Constitution and the practice of the Senate in that behalf. Screening is done at the plenary; questions are thrown to the nominee of the President and answers are elicited in an interactive session. To the best of my knowledge that has been done with Mr. Magu only once.

As to whether the rejection was justified or not, my subjective justification or otherwise, I think is of no moment. What is relevant is whether the Senate has the power to reject or not, and the consequences of such decision. Without any hesitation, I wish to say that the Senate has the power to screen

Mr. Magu for the appointment and even the appointment of other members of the Board of the Commission except the ex-officio members under Section 2(3) of the Economic and Financial Crimes Commission Establishment Act. It has been argued that the appointment of the Executive Chairman of the Commission does not require Senate’s confirmation, having regard to Section 171(1) of the Constitution. The proponents of this argument, contend that the office falls within the definition of extra ministerial department of the Government which does not require Senate confirmation under Section 171(1)(d) of the Constitution. I do not agree with this proposition because the extant provisions of the Act establishing the Commission in Section 2(3), made confirmation by the Senate a condition precedent to such appointment. I cannot find anywhere in Section 171(1)(d) of the Constitution where confirmation was

The Legal Profession in Nigeria is in dire need of reform, and the areas begging for attention are numerous. There are concerned Bar leaders, who have absolute confidence that the Nigerian Bar Association can do it. Pastor dele Adesina, SAN has held several offices in the NBA, including General Secretary of the Association, 2002 to 2004. As he turns 60 tomorrow, he spoke with Onikepo Braithwaite and Jude Igbanoi on a wide range of professional and national issues, including the highly emotive issue of the establishment of State Police

Mr. dele adesina, SanphOtOS: kolawole alli

"i Believe he haS a right tO re-SuBMit hiS naMe tO the Senate in furtherance Of the preSident’S cOnvictiOn that Mr. iBrahiM Magu iS the right perSOn fOr the JOB...the Other OptiOn iS fOr Mr. preSident tO Say if the Senate haS Said nO, then i Shall Send a replaceMent. i dO nOt SuBScriBe tO the arguMent that he can reMain in an acting capacity ad-infinituM"

11.04.2017 coVer/9

cOntinued On page 10

expressly legislated against. I submit that there is no conflict between the Constitution and the Statute establishing the Commission on this point.

Consequently, I want to say that Senate confirmation is a condition precedent to a valid appointment of the Chairman by the President.

What then is the consequence of the Senate’s rejection, which I said earlier has been only once. I submit that there are two options available to the appointing authority i.e. the President. I believe he has a right to re-submit his name to the Senate in furtherance of the President’s conviction that Mr. Ibrahim Magu is the right person for the job. In doing so however, Mr. President must deploy the weight of his office to lobby the Senate to achieve his purpose. Lobby is an essential ingredient in a democracy. Democracy thrives in an atmosphere of consultations, dialogues, persuasions and compromises. I think it was Obama, former President of the United States of America that said that democracy can be complicated, nevertheless, it is better than the alternative. As complex as it is, there is no better alternative form of Government to it. I checked my advanced learner’s diction-ary and the word complex was defined as “having many parts connected together in a particular pattern”. The emphasis here is that democracy has many parts and what oils democracy to make the complicated system work is what I have stated above.

The other option is for Mr. President to say if the Senate has said no, then I shall send a replacement. I do not subscribe to the argument that he can remain in an acting capacity ad-infinitum. To do that in my humble opinion, is to subvert the letter and the spirit of the Constitution. Like the Holy Bible, the letter killeth, it is the spirit that giveth life. So also is a Nation’s constitution. The spirit behind confirmation or otherwise by the Senate, is not to render the responsibility to confirm irrelevant, meaningless or of no consequence and I think this is what the Senate is trying to prove by refusing the screening of the 27 nominated INEC commissioners until the Presidency takes a stand on the matter. The Supreme Court has said unequivocally, that the 3 arms of Government i.e. the Legislature, Executive and the Judiciary, must dance to the music and chorus that the Constitution beats and sings, whether the melody sounds good or bad.

Some have argued that the Frivolous Petitions Prohibition Bill 2015 is an attempt by the Senate to encroach on Freedom of Expression which is enshrined in Section 39(1) of the 1999 Constitution. Do you agree?

I agree with that position with all emphasis. The right to freedom of expression is a fundamental right stated in Section 39(1) of the Constitution and as I have always said, the Constitution is the supreme law. In other words, the provisions of the Constitution are supreme. There are several authorities of the Supreme Court to the effect that the Constitution of the Federal Republic of Nigeria 1999, is the barometer for measuring the validity of any other law in Nigeria. No statute, no matter how well intentioned, can derogate from or curtail a right or power that the constitution has donated. The rights of the citizens of this Country both those who

are on the right side of the law, and those who are reasonably suspected of being on the wrong side of the law, must be protected and defended. This is because those rights, including the freedom of expression, are inalienable and immutable.

I believe that if this bill is eventually passed it will not survive the test of validity, because it will be clearly inconsistent with the provisions of Section 39(1) of the Constitution and of course, any law that is inconsistent with the provisions of the Constitution shall in the words of section 1 (3) to the extent of its inconsistency, be void.

However, we must realise that your right stops where my own begins. As much as you have a Constitutional right of expression and freedom of the press to write anything, it must be realised that I have a right to my dignity, to my reputation. I have a right not to be slandered or libelled and where you exceed your right, I have the law of libel to fall back on to protect my dignity and reputation. This right exists against anyone who in the process of pursuing his freedom of expression, goes beyond the limit. The right to protection is available to every person, whether in private or in public, who believes that his character has been defamed. I understand that Chief Obafemi Awolowo used to say that he never lost a libel suit. Everyone needs to recognise that reputation is all that counts for a man. Reputation is what people think, their perception and not necessarily what they can prove. Therefore, if you know that your utterances or your writings can destroy the reputation of another, it makes sense not to make them.

Do you think that the Senate has acted within its rights and mandate to insist that the Comptroller General of the Nigerian Customs Service wears customs uniform? Does the Senate have the power to summon Professor Sagay SAN because of his unfavourable comments about the Senate? Does the Senate have the powers to summon any and every Nigerian citizen before it, as it is presently doing? Many are saying that some of these actions by the Senate are ultra-vires.

I have followed the controversy sur-rounding the uniform saga with keen interest. It thus, appears to me that both the Senate and members of the public have left the substance to chase shadows. The reason behind the Senate’s summoning the

Comptroller General cannot be faulted. The very obnoxious policy did not only anger the Senate, and justifiably so, as the elected representatives of the people, but the policy also angered the members of the public. Even in law, retrospective legislation is not allowed. Secondly, in law you cannot hold someone vicariously liable for a crime committed by another. These are settled principles of law. Be that as it may, in my own humble opinion, asking the Comptroller General who is an officer of the customs going by the office and rank as separate and distinct from the supervisory Minister under Section 5 of the Customs and Excise Act, it is not out of point to ask him to dress properly and proper dressing here, connotes wearing the customs uniform. If the rank of the Comptroller General is established by the law, either the substantive law or even a subsidiary legislation under it just like Comptrollers, Deputy Comptrollers, Assistant Comptrollers and others and these other ranks wear uniform, then the Comptroller General too, must be like them. That does not in any way derogate from the honour of being a retired Army Colonel.

With regard to Professor Sagay’s invitation to the Senate over his remarks on the Senate, I have a strong doubt if the Senate has the Constitutional powers to do so having regard to the reasons for the invitation. Mind you, I am not saying the Senate does not have the power to summon any citizen including Professor Itse Sagay, SAN in the exercise of its limited powers under Sections 88 and 89 of the Constitution. It must be stated however, that the power donated by these two Sections of the Constitution are not at large. They are limited only for the purposes stated in those sections. To the best of my knowledge, there is no bill before the Senate on this subject matter. Secondly, Professor Sagay is not a person charged with the duty or responsibility for executing or administering any law, neither does he or his advisory Committee disburse or administer monies appropriated by the National Assembly. Of course his Committee is not a ministerial department or an agency contrary to some arguments we have read in the papers or heard on the television. In my opinion therefore, the invitation in the context in which it was made has no Constitutional justification or validity. The Learned Professor was my teacher in the University and he knows I have a commanding respect for

him. However, permit me to say that I do not admit the appropriateness of the use of the language employed by the learned Professor against the Senate. To say that the Senate of the Federal Republic of Nigeria is composed of people of questionable character or to say that the Senate is unserious and irresponsible, I think is too weighty and highly derogatory. Do not forget the legislature is really the symbol of our Constitutional democracy. It is the institution that shows the participation of the people in the running of their government, in addition to the elected members of the Executive.

Secondly, I think we need to weigh the impact and consequences of our actions and utterances, within and before the international community. Even where things fall short of our expectation, we cannot continue to do things that will amount to throwing away the baby with the bath water. When derogatory generalisations are made about our institutions, we destroy them. To say that the Senate is composed of people of unquestionable character, unserious and irresponsible, that the Judiciary is corrupt, that the Department of State Security’s report is unreliable, I submit, is to embark on a deliberate and systematic destruction of our democratic institutions.

The time has come for us to desist from making generalised allegations that are capable of bringing down our institutions, and become specific in our allegations, if the aim is to sanitise and purify these institutions. Everyone has an inherent responsibility and duty to work together as a team to building institutions of state in order to strengthen our democratic foundation. I think it was Senator Udo Udoma, the current Minister of Budget and National Planning, that said when he was in the Senate, that men are powerless to secure the future and institutions alone, fix the destiny of Nations. As to the assertion that some of the Senate’s actions are ultra-vires, the answer is very simple. If anyone feels aggrieved that the Senate has exceeded its Constitutional powers on any issue, the proper place to go is the Court that has the constitutional powers to determine such questions. And this can be done by somebody who is directly involved or any other person by way of public interest litigation, where the principle of locus standi has been drastically relaxed in favour of the litigants. By the way, let me add that, it is by taking such actions that we can put flesh into the letters of the Constitution. It is by so doing also, that we can know the ambit or the scope of any Constitutional provision and this is how we can make the Constitution work. Remember, nothing works by itself, things are made to work.

Kindly comment on the issues raised in the recent Fanta and Sprite case, Fijabi Adebo Ltd. &Anor. v Nigerian Bottling Company PLC and NAFDAC.

Let me say that I have not read the judge-ment, so my comments will be limited to what I read on the pages of Newspapers. The judgement of a court is a product of the facts and the law put before it, together with the issues canvassed before it. In order to make a deep and informed comment one needs to read the judgement. Notwithstanding this observation, I think the judgement has exposed the inadequacies of our regulatory bodies. If these products are not suitable for human consumption in the UK, I wonder how it can be suitable for consumption in Nigeria? I am not a doctor and so I don’t know if there is a difference between the composition of a man in the UK and a man in Nigeria or a child in the UK and a child in Nigeria. I wonder what the defence of NAFDAC would be in that case. I also wonder what the Standards Organisation of Nigeria has to say on this issue. These regulatory bodies are not just there for the sake of it. They are established and funded by the State to protect you and I. I think the judgement is a wake-up call to reinvigorate our regulatory agencies, in order to make them more effective and efficient to achieve the purpose for which they are set up.

In your opinion has President Buhari’s fight against corruption been effective and successful so far? What more can be done to intensify this fight? Has the fight yielded any fruits in the Judiciary since the DSS raid on some judges in October 2016?

I think by and large, the fight has been

"...aSking the cOMptrOller general whO iS an Officer Of the cuStOMS, gOing By the Office and rank aS Separate and diStinct frOM the SuperviSOry MiniSter under SectiOn 5 Of the cuStOMS and exciSe act, it iS nOt Out Of pOint tO aSk hiM tO dreSS prOperly and prOper dreSSing here, cOnnOteS wearing the cuStOMS unifOrM"

10/coVer 11.04.2017

Judges as corrupt, I believe was a dis-service to the Nation. The truth is this, for every single Judge that may be corrupt, there are hundred judges that are clean and impeccable. The duty therefore, is to separate the wheat from the chaff, commend and encourage the multitude that are good, and punish the few that are bad. This is the only path way to sanitisation of the institution.

Do you believe that there should be a state police? Are you in support of Governor Ambode’s recent launch of the Lagos Neighbourhood Safety Corps with the goal of assisting to make Lagos safer for its citizens?

The truth, as inconvenient as it may be, is that we need a state police in a federated Nigeria. I think it was Sir Winston Churchill, former Prime Minister of the UK that said that truth is incontrovertible. Panic may resent it. Ignorance may deride it. Malice may even distort it, but there it is. We are all living witnesses to the current spate of insecurity in the Federation, particularly the new found crime of kidnapping. We also must accept that the police as we presently have it, is overwhelmed by this wave of crime and that is why more than ever before military is now involved in the task of maintaining internal security and preservation of lives and property in Nigeria. A function that hitherto was the exclusive preserve of the police under section 4 of the Police Act, to prevent and detect crime, apprehend offenders, preserve law and order, and protect lives and properties, are now co-discharged by the police and the military.

It is obvious to all that, the capacity of the present monolithic police system has been completely overstretched. That is one angle to look at it. The second angle is this. There is hardly any state in Nigeria today that is not, and this is in a major way contributing and providing equipments and operational vehicles to enhance the efficiency of the police in their State. Some even provide an enhanced insurance cover by way of incentive, to the police within their territory. The point I am making is this, the States as at today, col-laborate with the Federal Authorities to finance and fund the Police – a Federal institution. These two arguments, with respect, cannot be faulted and they make the campaign for State Police most relevant. Apart from these practical experiences, I believe it can be taken as a norm of constitutional structure that anywhere you have a Federal System such as ours, you have a police system at every level of government. Examples are the United States of America, Australia and Canada, to mention but a few. The other point is the expansive nature of the Nigerian Federation. For effective policing, it has been

successful. Today I believe that it has been driven into the consciousness of individuals that there is a difference between private and public funds. It has also been acknowledged that there can be no business as usual. It is not an exaggeration if I say that Nigerians now know that certain things are wrong, and they must not do them. The fact that there are so many cases also going on simultaneously in our Courts, to hold people accountable for their past stewardship with particular reference to public funds, is also a reference point. I do not agree, in fact I disagree most vehemently with those who believe that the success or failure of the fight against corruption must be determined by the number of people clamped into jail, without complying with the fundamental provisions of the Constitution regarding their fair trial.

People have talked so much about delay in the prosecution of these cases, without any tangible attempt to address the cause of the delay. Delay in our judicial system is both systemic and human. The provisions of the Constitution regarding criminal trial, cannot by any stretch of imagination, be short circuited. People only remember to quote that justice delayed is justice denied, without remembering the other side of the coin that justice hastened is also justice denied. As a lawyer trained in the common law tradition, I believe justice must never be sacrificed on the altar of speed. It is often said that a Nation can endure with unbelief, but no Nation can endure with injustice. The state and the society are entitled to justice, as much as the person being prosecuted.

The fundamental question therefore is how to strike a balance between these two extremes that will guarantee justice, by not sacrificing speed while at the same time avoiding delay. This duty is on everyone including the practitioners of the law i.e. the lawyers and the judges, as well as the government. Recently, a justice of the Court of Appeal said that the total number of Judges and Justices in Nigeria are about 1200. If this is correct and I believe it is, what this means is that 1200 Judges and Justices are ministering to the needs of 180 million people. In some of our jurisdictions particularly Lagos, Abuja and Port Harcourt, cases are filed in excess of five thousand yearly. For instance by the end of March 2017 the Federal High Court in Abuja has recorded over 500 cases (civil only) while Lagos has much more. The number of the Judges available for adjudication I submit is not proportionate to the work load at every level of our courts in Nigeria. The Court of Appeal in terms of overload does not fair any better. Over 85% of the judgements of both the States and Federal High Courts are appealed against, and a good number of the divisions of the Court of Appeal are manned by 4 or 5 Justices with the exception of Abuja and Lagos which have 8 and 7 Justices respectively. The workload of the Supreme Court is worse. Cases of 2007 are still pending in 2017.

While intensifying the fight against corruption, I suggest it is of paramount importance to carry the Judiciary as an indispensable arm of Government, along. Secondly, there is also the need to embrace the support of legal practitioners, who under any circumstances, should not be seen as enemies of the fight against corruption just because they are doing their constitutional, statutory and professional duties. Nothing, in my opinion, should be done that will amount to criminalisation of legal practice. A lot of people have also argued that the crusade is not all embracing and that its not holistic. That argument needs to be looked into.

While the arrests, detentions and prosecu-tions have deterrent tendencies, I have not seen much effort or deliberate attempts at reforming the institutions of State that are prone to corrupt tendencies. Education and awareness campaigns, are key to inculcate new orientation and new values in and out of Government.

I would have loved to be saved from commenting on the DSS raid of judicial officer’s residences in October, 2016. I believe the raid by the DSS stands out as the greatest act of intimidation and blackmail of the institution. Even if this was not the intention of Government, it is certainly the effect and manifestation of the action. Also the attempt at that time to brand all the

argued by many that we need a police that knows the community inside out, with local legislation as its source and members drawn from the locality in which it will operate. Many have argued also and I share this argument wholeheartedly, that a centralised and monolithic police system is not the best for a huge nation like Nigeria with its multicultural and multi-ethnic diversity.

I am not unaware of some of the arguments that have been proffered against the idea of State Police. Some have argued that it will be misused and abused by Governors and other State political actors. Others have argued that we are not yet mature or developed to have a State police. These arguments can easily be faulted. First, the present police structure is subject to abuse and misuse, and we have evidence of such everywhere. Secondly, the proponents of the other argument that Nigeria is not yet mature or developed enough to have a State police, failed to tell us when we will be mature or developed enough to have it. I think the experiences of the moment as they relate to security of lives and property, to me, has made the issue of State Police in Nigeria compelling more than ever before. I have always said leadership responsibility demands the taking of hard decisions. I believe that this is one hard decision that Nigeria needs to take. I am in full support of Governor Ambode’s initiative.

Do you have any plans to run for the President of the Nigerian Bar Associa-tion? What ideas do you have that will improve the lot of Nigerian Lawyers and the practice of the legal profession?

Let me start by saying that tomorrow is in God’s hands. Human beings of all times are on a search for purpose and significance. I would like to say that I can make very tangible contributions and consequently, be relevant and significant to the Nigerian Bar Association and the legal profession, without necessarily occupying the position of the President of the Nigerian Bar Associa-tion. No doubt I have the dream and the vision to offer exemplary leadership that will create opportunities and possibilities for the Nigerian lawyer, particularly the younger members of the profession. One feels that this dream can be pursued within the existing structure in the profession, after all office does not make the leader, the leader makes the office. Leadership is not about where you are, but about whom you are.

I was the General Secretary of the As-sociation between 2002 to 2004. Despite the length of time between then and now, colleagues still remember with demonstrable admiration, that I, together with that Execu-tive under the leadership of Chief Wole

Olanipekun, SAN, gave our all to the bar and the profession. We brought ideas to bear on our administration. We conquered fear and defended in a most dogged manner, the rule of law and due process. We defended the right of the Nigerian lawyer to practice their profession without let or hindrance. The idea behind the stamp and seal was muted by that administration, which idea was launched by the then Chief Justice of Nigeria, Honourable Justice Uwais at the National Executive Committee meeting which took place in Ilorin, Kwara State. It was intended to be a stop gap to the full fledged introduc-tion of practicing licence for the Nigerian lawyer, to stop the wave of fake lawyers and promote continued legal education which we considered very important for efficient discharge of our professional services. The Administration in 2004 created the Sections on Business law and Legal Practice from the main body.

I refer to this, just to support the view that I pursue whatever I believe in with complete passion, total commitment and unreserved dedication. That executive was very progressive and dynamic. On the supremacy of the rule of law, we were fearlessly aggressive. On the issue of sustainable democracy, we were visibly proactive. On the welfare of Nigerian lawyers, we were committedly creative? and we were demonstrably purposeful on the general issue of administration of justice in Nigeria.

I assume you ask this question because you are fully aware I ran for the office of President in 2014, and my experience was everything but palatable. I gave it my best shot with a realisable and pragmatic manifesto, excellent campaign materials and dedicated pursuit as I pursue any other goal. It is doubtful, if I would like to expend such extremely high degree of efforts again.

There is a lot to do if we must improve the lot of our members. There is a need for example, to promote their welfare, their security and economic advancement. There is a need to particularly focus on the welfare of junior members of the bar, who are in their thousands today and most of whom are almost hopeless in the profession, because of hardship and problems they did not create. We must take on the task of providing platforms for capacity building for them, as well as economic empowerment and strategic mentoring programs in order for them to develop hope in the profession, generate confidence in themselves and provide guarantee that they can realise their dreams in the profession.

Secondly, the point must be made for the umpteenth time that the practice of the profession cannot be enhanced beyond where we are, until we embark on a sustained campaign against the cankerworm of delay in the administration of justice. I have made a few suggestions on this in the course of this interview. I believe the time has come for the beneficiaries of legal services to have value for their money and be made to understand that, there is no alternative to the pursuit of justice through constitutionalism. To this end the NBA can drive a policy that will establish a platform like the administration of justice committee to be composed of both members of the Bar and the public at National and State levels, to monitor the goings on in the administration of justice. I believe by so doing, inadequacies will be discovered and addressed, excesses of both lawyers and judges will be remedied, and solutions found to other problems that may be militating in general against the administration of justice. I still believe that the best profession you can be is the legal profession, notwithstanding the seeming campaign of calumny against the profession as at now.

Somebody said in the days of old, let us kill all the lawyers. That campaign was because they felt lawyers withheld the key of knowledge from others, as they failed to impart knowledge on the public. That argument no longer holds. The role of the lawyer in any democratic society cannot be over emphasised. It is our role to consistently defend the truth and justice. It is our role to break the rod of oppression, and it is our role to ensure that the ordinary citizen is protected from power, its excesses, its misuse and its abuse. The largest room in the world is the room for improvement. If the Nigerian lawyer

"the truth, aS incOnvenient aS it May Be, iS that we need a State pOlice in a federated nigeria. i think it waS Sir winStOn churchill, fOrMer priMe MiniSter Of the uk that Said that truth iS incOntrOvertiBle. panic May reSent it. ignOrance May deride it"

‘Nigeria Needs state Police Now’ CoNtINueD FRoM pAGe 9

cOntinued On page 11

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has fallen short of expectation somehow and somewhere, there is the opportunity to improve.

I must add that the lot of the profession will be better if the Judiciary can be suf-ficiently funded, unlike the peanuts that is being allocated to it in the budget. Before the Budget proposal now pending at the National Assembly, the budget of the judiciary had always been on a downward trend. If I am not mistaking, I think the budget of the judiciary this year which is slightly above N100 billion is the highest I have seen allocated to the judiciary. Of course, arising from the poor funding, are inadequate infrastructural facilities, poor remuneration and allegation of judicial corruption amongst others. I believe that making the judiciary better is a guarantee for making the Nation better for all.

Are you satisfied with the standard of legal education in Nigeria? Do you think that the Nigerian Law School should have been decentralised? Do you agree that the Decentralisation of Law School has resulted in taking the edge off the quality of lawyers that are being churned out today?

To say that one is satisfied with the standard of legal education in Nigeria today is to deceive one’s self. Education is the most powerful weapon to change the society. The fall in the standard of legal education has also resulted in the fall of in the standard of legal practice. As far back as November 2002, at the NBA NEC meeting held in Makurdi, one of the principal issues of focus at that meeting was the issue of falling standard in the profession. Two senior members were invited to make a written presentations on the issue. These were Chief Mike Mamman Usman, SAN and Professor Ernest Ojukwu, SAN. This is to let you know that some of us have been worried about this matter for some time now. I also made this a campaign issue in 2014. I talked about setting up a platform to assess the state of legal education in Nigeria, including assessing the role of law teachers in our faculties of law in the Universities, appraising the curriculum and content of legal education and the impact of Government policies on University education, particularly the proliferation of Universities and establishment of faculties of law. I must say from my own point of view, that I do not think the problem is that of the Nigerian Law School wholesale. No. Our searchlight must be thrown on the different faculties of law.

It is gratifying to note that the current President of the N.B.A, A.B. Mahmoud, SAN, is focusing attention on this issue in a most pragmatic manner and this is highly reassuring. I am aware of the NBA Legal Profession Regulation Reviewing Committee set up by the President under the leadership of Chief Anthony Idigbe, SAN. I have not only submitted a memo to them, but I also attended the town hall meeting organised by the committee in Lagos on the 14th of March, 2017. I must say it was a very resourceful program. Issues as to whether law should be made a postgraduate course as you find in some other countries like the United States of America, whether the Nigerian Law School should be a two year professional program, as against the current one year as well as the issue of pupilage and the number of years it should be, were some of the issues considered. We also focused attention on the critical area of continuing legal education.

I think the NBA needs to get more involved in the affairs of the statutory bodies such as the Council of Legal Education, and the institutions providing legal education in Nigeria with regards to quality assess-ment and setting of standard bench marks for these institutions. After all, when their products graduate as lawyers, they become members of the Nigerian Bar Association. Once backed up by statute, the NBA can evolve a strategic program to ensure direct involvement, engagement and participation in the affairs of the institutions. I see no reason for example, why NBA cannot accredit law faculties in Nigeria. We have the responsibility to determine what and how those joining our profession should be trained, both at the law faculties and at the Nigerian Law School.

It is neither the Nigerian Law School nor the decentralisation of the law school that has contributed to this state. No. As a

member of the Screening Committee of the distinguished Body of Benchers for many years now, I know that the six campuses of the law school are under the same Director General, running the same curriculum and writing the same qualifying examination. The law school program at present runs for only one year, and as the saying goes, you cannot bend a dry fish. The formative period is very important. The number of subjects a student must pass at the West African Examination Council, the number of years spent in the University and the quality of professors and lecturers in the Universities are relevant factors, before the student gets to the Nigerian law School.

The NBA is presently engaged in nationwide consultations with lawyers in an effort to review and totally overhaul the legal profession in Nigeria. What will be your suggestions to the Chief Idigbe led committee?

I think I am right in saying that I have answered this question. However, let me add that it is encouraging to note that the activities of the Committee has generated a lot of interest and people are enthusiastic to make suggestions to the committee. Like I said, I have submitted a 13 page memo and interestingly, at the town hall meeting, held in Lagos I was pleased to know that both the President and members of the Committee confirmed that they have read my memo. Having regard to the contemporary criticisms against lawyers, and the current perception of members of the public about the Legal profession, I suggested an overall review of our professional ethics and code of conduct and effective enforcement of these codes. I also suggested an aggressive pursuit of the amendment of the Legal Practitioners Act by getting the National Assembly to pass the Legal Practitioners Amendment Bill, which has been pending before the Parliament for a long time, so that the provision on practice licence can enjoy statutory backing for implementation.

This practice licence together with the stamp and seal program, will not only curb the inci-dences of fake lawyers, but more importantly assist in the proactive implementation of a virile and dynamic mandatory continuing legal education to be run by the Institute of Continuing Legal Education. The idea is that a practitioner must have attended a number of continuing legal education programs and scored a particular number of points as a precondition to having his or her practicing licence renewed annually. This is important because, it is the supply of fresh wood that keeps the fire burning.

I’ve talked on statutory backing for the NBA to give it power of assessment and evaluation of law faculties and Nigerian law School with a view to raise quality and standard of legal education in Nigeria. I’ve also suggested a strategic program to drive mentoring not only for junior members of the profession, but also for law students in the Universities. Other suggestions are contained in my memo. In addition I will like to suggest that the Committee can invite memos from members of the public who are the primary beneficiaries of legal services, for their contributions, in the effort to make the profession better to deliver satisfactory

and good legal services.Despite the introduction of universal

suffrage and electronic voting by the NBA for its election into National offices, the election as witnessed in the last exercise was still not rancour free. As one who has run for the office of the President of the Association before, what will you suggest as a lasting panacea to this problem?

I must say with all sense of responsibility that rancorous elections and election disputa-tions were not common with the NBA. Yes, in 1992, NBA had some problems in Port Harcourt, but I believe that NBA would still have conducted a successful election but for the role of the Military Government. Before the election there had been a highly visible face-off between the Bar and the government because of the deliberate and purposeful determination of the Bar to enforce the rule of law and obedience to court orders. That crisis stagnated the National Body for about 6 years from 1992 to 1998. It was only in 1998 that we elected new President and other National officers under a very smooth and congenial atmosphere at Abuja, after a successful initiative midwifed by the Committee of Chairmen and Secretaries under the leadership of Chief Adegboyega Awomolo, SAN. That Committee was formed at Ikeja following the suggestion of Chief Wole Olanipekun, SAN who was the key note speaker at the 1996 Ikeja Law Week dedicated to finding ways and means to resolve the debacle of the National Body.

Our leaders must be above board like Ceasar’s wife. Once you are a President and you have spent your time and run your administration to the best of your ability and capacity, the Electorate must be allowed to elect the President of their choice, in a free and fair election. That is the whole essence of democracy. In a democracy, minority of course will have their say, but the majority must have their way. It is a rare privilege to be elected President of the Bar. That privilege must not be abused by forcing a successor down the throats of the generality of NBA members and this must be so, irrespective

of whatever electoral system that is put in place.

Like I said in my memo to the Chief Idigbe Committee, I commended the introduction of electronic voting system introduced by the immediate past President Austin Alegeh, SAN. This system should now be reinvigorated and fine tuned, in order to guarantee and deliver a credible electoral process. Once the process is credible and transparent, there will be no rancour. The generality of Nigerian lawyers I believe, agree on the point that the former delegate system which itself was a product of the lessons learnt from the 1992 crisis, has been so manifestly misused and abused, that it deserved to be consigned to the dust bin of history. I have also suggested to the Committee that the universal suffrage through the electronic voting system should be maintained, sustained and applied in an open and transparent manner, in order to guarantee the sanctity of our electoral process.

On the occasion of your 60th Birthday tomorrow April 12, 2017, reflecting on your life so far, how has the journey been? Are you fulfilled? What are your plans for the next 10 years? Do you have any interest in politics? If you had the chance to go back and change anything in your life’s journey, what would it be?

The secret of men they say is in their stories. I believe I can say with gratitude to God that my journey of life so far has been a great one. I also believe with confident assurance that the journey will still be greater in the days ahead because of the living word that says “Remember ye not the former things neither consider the things of old behold I will do a new thing”. God is in the business of doing new things every day.

That is not to say there have been no trying moments. The truth is that there have been, but the word of Bishop David Oyedepo, that you cannot win the prize if you fail to pay the price, has been a driving force and my motivation. To be a star of course, you must endure the scar. Nothing of value is free. The song writer says count your blessings and name them one by one, and it will surprise you to see what the Lord has done. In our family we acknowledge and celebrate what the Lord has done. We do not see what He has failed to do. Somebody said that the same adversity that causes some people to break down causes others to breakthrough. I see problems as challenges and stepping stones, rather than obstacles or impediments.

The truth is that I can’t believe I am 60. To say I am 60 is like a dream to me. Once again let me say to God be all the glory.

Without any hesitation whatsoever, I say yes, I am fulfilled. I recognised a long time ago, that a man’s picture determines his future. In my vision, I saw the picture of an outstandingly successful person in all ramifications of life, and chapter by chapter I am seeing the vision fulfilled. While I thank God for this, I also thank Him in anticipation of what He will yet do, because there are still more chapters ahead.

I am hid in Christ and Christ in God who is the author and finisher of our faith. He unfolds His plans in stages. Permit me to say that my vision for the next 10 years and the mission to accomplishing that vision are already settled between me and Him. What you don’t expect you don’t experience. Because you cannot fly higher than you see, let me tell you that I see greater days ahead.

The essence of life is to add value to life and to the lives of others, and this can be achieved in or out of politics. I do not think, I may be wrong, that I am interested in partisan politics. In the words of Nelson Mandela, life sometimes has a way of forcing decisions on those who vacillate.

Self examination and personal appraisals are my facts of life. I appraise myself from time to time. With all sense of responsibility, I do not see what I will want to change if I have a chance to start all over again. I will still want to be a Lawyer that I am now, married to Mercy Bola Adetokunbo who is my wife now and be the father and grand- father of the children and grand children that God in His gracious mercy has blessed me with. I will still make friends with all my friends. Perhaps, I will pray much more to have more friends that will be loyal to me just the way I am unreservedly loyal to them.

We wish you a very happy 60th Birthday. Congratulations.

Thank you very much.

‘Nigeria Needs state Police Now’ CoNtINueD FRoM pAGe 10

"like i Said in My MeMO tO the chief idigBe cOMMittee, i cOMMended the intrOductiOn Of electrOnic vOting SySteM intrOduced By the iMMediate paSt preSident auStin alegeh, San. thiS SySteM ShOuld nOw Be reinvigOrated and fine tuned, in Order tO guarantee and deliver a crediBle electOral prOceSS"

12/ 11.04.2017

11.04.2017 /13

micHael NUma [email protected]

THE CANVASS

Doctrine Of “Nemo Judex in Causa Sua” in Arbitration Proceedings

as is provided in some types of arbitration such as party-appointed arbitration, i.e., arbitrators do not have to be neutral. This does not imply that those arbitrators can be biased. It only means that from the legal, social and cultural background, they may be favourably disposed towards the appointing party which may even be necessary to fulfil the special functions of a party appointed arbitrator in an arbitration with parties from different countries. It is the writers position however, that as long as this proximity is not allowed to dictate the outcome of the proceedings the so-called lack of neutrality should not impair the impartiality.

Duty to DiscloseGenerally, the duty to disclose extends

to all information, which could be brought to the fore by the arbitrators before the consideration of the dispute. The big question is what information is relevant and what is sufficient to justify an objection to the arbitrator. Due to different perceptions as to what facts may be relevant, some institutions prescribe in detail what types of information is required. Extensive guidelines can be found in Article 4.2 of the IBA Rules of Ethics of International Arbitrators. Disclosure factors are generally professional and personal contacts, which the arbitrator has with either or both of the parties. Clearly, if the party arbitrator has advised, represented or worked with a party, even many years previously, this might be considered relevant and capable or affecting an award if not disclosed.

Less clear is where a law firm (maybe a global law firm) has previously represented a company within a multinational group where the company concerned and the party to the arbitration has little or no connection other than common shareholding. It is even likely that the service rendered was in a different jurisdiction with respect to transactions unconnected to the dispute, or even before the subsidiary became part of

Mainstream Interna-tional Arbitration practice is made up of a familiar network of individuals and law firms within the arbitration community, sometimes as a

result of school affiliation, Co-barristers in chambers, previous appointments or legal representation as counsel. The relationship between the parties and the arbitrator is usually consensual and contractual, in which the arbitrator agrees to settle the dispute between the parties for a certain remuneration. However, the judicial nature of the arbitration process, imposes practical limits on the parties’ freedom when choos-ing the arbitrators.

Principles of International ArbitrationAs the state lends its authority for

enforcement of the awards, it requires that the arbitration proceedings, as well as the composition of the tribunal, to meet certain minimum standards, which are considered to be indispensable characteristics of fair trial. In keeping with his adjudicatory func-tions, the arbitrator has to maintain his/her impartiality and independence, as well as full and frank disclosure of all relevant facts. A violation of any of these cardinal and universally accepted principle of Interna-tional Arbitration, which are corollary to the competence of the arbitrator, may result in the removal of the arbitrator and possibly annulment of any order reached by way of an award rendered either preliminary or final. In some cases, it may also lead to the arbitrator being personally liable for dam-ages depending on the degree of immunity afforded him by the relevant laws.

Arbitrator Must Not Have Interest in Dispute

The principle of Nemo Judex in Causa Sua in this context connotes that an arbitra-tor should not be a judge in his own cause, i.e an arbitrator presiding over a dispute should not have substantial interest in the dispute or any of the parties to the dispute, to the extent of influencing the outcome, or to be seen to have influenced the outcome of the award. The requirement of disclosure in arbitration proceedings, has now formed an integral part of the proceedings in order to ensure fairness and transparency. Various arbitration rules provide for obligation of an arbitrator to disclose and the effect of non- disclosure. Article 12 Uncitral Rules for example, provides that any arbitrator may be challenged if circumstances exist that give rise to justiciable doubts as to the arbitrator’s impartiality or independence.

In the context of challenging an arbitrator or an award for lack of “independence” or impartiality courts have come to different conclusions as to whether arbitrators are subjected to the same requirements of independence and impartiality as Judges. While the US Supreme Court held in 1968 in COMMONWEALTH COATINGS v CONTINENTAL CASUALTY CO. 393 US 145, 149 that arbitrators should submit to stricter requirements than courts, since there is no appeal against their awards, the English Court of Appeal held in AT & T v SAUDI CABLE (2000) 2 Lloyd’s Rep 127 (CA) that the same requirements apply. Di-vergent positions still exist depending on the jurisdiction. The underlining consideration is that the arbitrator is not predisposed as to the question in dispute. However, impartial-ity must be distinguished from neutrality,

the group. The reality is that the arbitration community is relatively interconnected and in many cases arbitrators are selected because the lawyers involved know them, either personally or by professional reputa-tion. Frequently, well known arbitrators will have to be involved in several arbitra-tions with the same lawyers, an arbitrator may have been appointed in another case by the lawyer representing the other party. Non-disclosure of facts has been considered to justify the challenge of an arbitrator. The recent decision of the Court of Appeal, Lagos Division per OGAKWU JCA in ADDAX PETROLEUM EXPLORA-TION (NIG) LTD v PEACEGATE OIL & GAS LIMITED (unreported) in CA/L/765/2014 delivered on the 10th of March, 2017, expounded this doctrine. The facts culminating to this appeal was a successful challenge by the Respondent at the trial Court of part of the award, after enforcing the favourable part of the award. The Arbitrator had disclosed at the preliminary stages of the proceedings, his involvement with the Appellant as counsel previously and asked to disqualify himself subject to the agreement of the parties. The parties unanimously expressed their confidence in the Arbitrator to proceed with the conduct of the proceedings. The Proceedings continued and the award was rendered in favour of the Respondent. The Respondent in a volte-face approached the trial Court to set aside the award on the grounds that the participation of the Arbitrator who indicated that he had acted for ADDAX SA GENEVA in the arbitra-tion breached the Nemo Judex in Causa sua rule of natural justice.

The Court of Appeal in upturning the decision of the trial court relied and reproduced in extensio the decision of OKORO JCA (as he then was) in KANO STATE URBAN DEVELOPMENT BOARD v FANZ held at page 12 thus:

“.... It is evident on the face of the

records that the arbitrator informed the parties that he acted for one Addax S.A of Geneva in respect of an on-going dispute, and sought to know if the appellant is an affiliate of the said company in which case he would disqualify himself from acting as an arbitrator. The respondent counsel expressed confidence and stated that the respondent did not object to the arbitrator acting as an arbitrator in the disclosed event. .......

Justice is rooted in confidence and confidence is destroyed when right-minded people go away thinking that the judge was biased. .... This is a pointer to the fact that the respondent reposed confidence in the process that resulted in the award which it enforced. The law remains that in arbitration proceedings, the general rule is that the parties choose their arbitrator or arbitrators to judge both as to decisions of law and facts in the dispute between them. Thus, where as in this case, an award is prima facie good on the face of it, as evidenced by the facts that the respondent has enforced part of the award, it does not lie in the mouth of one the parties to object simply because the award is not his favour...”

The most profound part of this decision is at page 15 where the Court held that “where parties to a dispute appoint an arbitrator with full knowledge of the facts and circumstances relating to the arbitration before his appointment, they will be stopped from objecting to such as invalidating the proceedings”

The writer posits that this reasoning is unassailable, as it conforms with established practice and procedure in arbitration. See the Model Law Article 13(2) which sets 15 days time limit for challenge of arbitra-tors. The law is that facts that have been disclosed at the appointment stage cannot be relied on at a later stage to challenge the arbitrator or the award. Parties have to raise their objections immediately or they are considered to have waived their rights to rely on them. See the Case of ODUNEYE v FRN (2014) 13 NWLR Pt 1425 at 545 at Page 586.

ConclusionUltimately, it is the arbitrator who decides

what information he is going to disclose. Article 4.1 of the IBA Rules of Ethics provides that arbitrators should declare important factors that may cause justifiable doubt about the individual’s independence. The form of disclosure to be used by the arbitrator, depends on the applicable arbitration rules. To ensure compliance with this duty, many institutions have a standard form that must be signed before appoint-ment by the parties.

Arbitrators should be mindful not only about their own conduct and business affairs, but also those with whom they are associated, during the arbitration process. This is because, losing parties often look for a way to avoid the effect of an award against them. Attacking the independence and impartiality of the arbitrator is one such way. The effects of a violation of the duty to disclose and the sanctions involved, depend to a large extent on the approach adopted to check the challenges of the arbitrators by the relevant law. In AT&T v SAUDI CABLE (SUPRA) the English Court of Appeal held that, an inadvertent non-disclosure of a fact that might not have affected the appointment process, is insufficient to lead to a real danger of bias. Consequently, the non-disclosure did not lead to the sanction.

"arBitratOrS ShOuld Be Mindful, nOt Only aBOut their Own cOnduct and BuSineSS affairS, But alSO thOSe with whOM they are aSSOciated, during the arBitratiOn prOceSS. thiS iS BecauSe, lOSing partieS Often lOOk fOr a way tO avOid the effect Of an award againSt theM. attacking the independence and iMpartiality Of the arBitratOr iS One Such way"

14/ 11.04.2017

‘Folake Solanke: First Female Silk @ 85

just for Nigerian women but for men as well. She connects with lawyers and non-lawyers alike. It may have something to do with her first career as a school teacher. She was a resident teacher who taught Mathematics and Latin in two Public Schools (fee paying schools) in England in the 1950s, where some of her pupils remember her with great affection, as a loving, caring, devoted, faithful, committed and very elegant graceful lady. She is also a tireless promoter of women and other rights of unrepresented groups, particularly with her various works with Zonta International.

An Eminent PractitionerShe is by any standard an eminent practitioner.

A legal force. A solid heavy weight. Not as in the Mohammed Ali (“the greatest”) way, but as a lawyer. She pays attention to detail, and when she takes up a task, legal or otherwise, she has an “on the ball” attitude. She sees the size of her task (even at the ripe age of 85) and gets on with it in a most prudent allocation of her time. She gets to the nitty-gritty or the core of issues, even when they are very complex. At 85, she has not lost her tenacity, even though she is more measured in her approach to some topics. She has delivered several Public Lectures all over the World. I have been privileged to attend most of them. “Mum” unfailingly invites me to them using these kind words: “My beloved learned son – Dr. Eyimofe Atake SAN and daughter, Dorothy Atake Esq..........Mum..” She sometimes personally drops the invitations in my house with an attached letter with extremely kind words, or sends them through her relations. No matter how overwhelmed I am with pending issues or work, I know that I must make time to attend. At the end of each Public Lecture or event, I am always so delighted and thankful that I attended. I learn something new or see an issue discussed during the course of the lecture, in a very different perspective. I watch her public oratory with utter admiration and appreciation. She is a very skilled, proficient, consummate, experienced, accomplished and eloquent speaker, who holds her audience spellbound or with rapt captivation. She ad-dresses issues in a forensic manner, dissecting them comprehensively with understandable clarity in a pleasingly unambiguous logical manner. I dare say in the same manner her late husband, the eminent Professor of Surgery (“King of Surgery”) performed his surgical procedures. On the other hand, her background in Mathematics may have everything to do with her profound sense of logic. She had gradu-ated with honours with a B.A. in Mathematics from the University of Durham. It has often been accepted since the days a young Alfred Thompson “Tom” Denning, Baron Denning,

The Beginning

It was sometime in the early 1960s as a young boy growing up in Ikoyi, Lagos that I first met Chief ‘Folake Solanke SAN. “Mummy” to me. In the late 1950s and early 1960s, my father was a Magistrate in Lagos. Living almost next door to us on Adeyemi Lawson Road in Ikoyi, were the debonair and suave medical doctor, Dr. Toriola Solanke and his stunning and elegant wife, Mrs.

‘Folake Solanke. It was through me as a child in the early 1960s that our families met and became life long family friends. The story has often been told as to how my nanny used to take me in my pushchair in 1958 onwards to enjoy the unsullied gentle wind in Ikoyi of the late 1950s and early 1960s. It was customary with most families who lived in the area of Ikoyi to go on walks to enjoy the breeze. Coincidentally, the young Yemisi Solanke (now Dr. Yemisi Solanke-Koya) went on similar walks with her nanny. In the course of events that followed, Yemisi and I met and through us, our parents met in what became a long and extremely close friendship that terminated for our parents alone, with the passing of Professor Emeritus Toriola Solanke, CONL (Senegal), and my parents the Honourable Justice Franklin and Mrs Victoria Atake.

Warri and IbadanWith the creation of the Mid-western Region

in 1963, my parents and my family moved to Warri, where my father took appointment as a more senior judicial officer. Our neighbours, the Solankes, subsequently moved and settled in Ibadan. Those moves to different Regions in Nigeria never dampened the very close family ties and friendship. Quite the contrary; the distance between the two families made the friendship more intense and strong. It was standard practice to stop over at Ibadan at the Solankes whenever my parents were visiting Lagos. And the Solankes often stopped at ours in Warri or Benin whenever they were in the Midwestern Region or State. In the summer holidays when we were all in the United Kingdom our families would often meet for a meal and visit each other several times during the course of the holiday. You can therefore now appreciate why I call Chief ‘Folake Solanke, the learned first female Senior Advocate of Nigeria, “Mummy”.

Mummy: Some of her 'Firsts'“Mummy” as I fondly call her, is a lady of

immense stature. Not by her size or physique, but by reputation. She is a force to be reckoned with. A natural practitioner. Her standing and character is immense. Towering. One may venture to say, her standing is incalculable and immeasurable. Her name is a household word. I dare say that those who do not know her or know of her, may not be true Nigerians. Long before she turned 85 years, she had taken under her belt a few firsts. First Female Senior Advocate of Nigeria (1981); appointed First Female Commissioner in the Cabinet of Western State of Nigeria (1972); First Female Chairman of Western Nigeria Television (1972); and first non- Caucasian President, Zonta Inernational (1994-96) to mention just a few of her firsts and accomplishments. In terms of her accomplish-ments one could describe her as a woman of many parts and firsts. She is a role model not

OM, PC, DL took a first in Mathematical Moderations from Magdalen College, Oxford, that Mathematicians make very good lawyers. Lord Denning, Master of the Rolls is stated as “the greatest Judge of the last Century” and “probably the greatest English Judge of modern times”.

As a Practitioner, she must be rated top class. Always calm and composed using her wealth of experience in the law to make her points known and felt. Her delivery is superbly outstanding. She addresses complex issues with utmost clarity, lucidity and precision. It is therefore not surprising, that she was destined for great heights in her chosen profession. Her elevation to the rank of the first female Senior Advocate of Nigeria (Silk) is arguably one of the last barriers within the legal system in the advancement of women. Arguably because at the time when she took Silk, we had not had a female Chief Judge of a State, a female Justice of the Court of Appeal and President, a female Justice of the Supreme Court and Chief Justice of Nigeria. Those barriers were finally broken by the Honourable Justice Rosalyn Omotosho (First Female Chief Judge), The Honourable Justice Zainab Bulkachuwa (First Female President of the Court of Appeal) and

the Honourable Justice Aloma Mukhtar (the First Female Justice of the Court of Appeal, Supreme Court of Nigeria and Chief Justice of Nigeria). But we have had in several years gone by, the first female lawyer: Stella Jane Thomas (later Marke) who in May 10 1933 was called to the Bar in the Middle Temple, thereby becoming not only the first Nigerian female Lawyer, but the first female lawyer in West Africa. Further, there was the Honourable Justice Modupe Omo-Eboh appointed a Judge in the Mid-Western State of Nigeria in 1969, thereby becoming the first female Judge in Nigeria. Consequently, when the historical records of the legal profession is verified the name Chief ‘Folake Solanke, first female Silk will prominently feature for all to see; in the same way the name of Dame Rose Heilbron, DBE, QC stands out in the United Kingdom for being the first female Silk. Incidentally, both Chief Folake Solanke and Dame Rose Heilbron were called to the Bar at Gray’s Inn.

Mummy: the Tree Trunk, the Nurturer“Mum” is a ‘tree trunk’. As the words connote

the main woody stem of a tree, from which its branches grow. I use the words in a family sense. She is for most families of her late friends “the woody stem of a tree from which branches grow.” Her caring, motherly presence is always felt. And she always has a lot of time for you to discuss various issues. She never fails to call one regularly on the telephone and visit. She is kind, understanding, down to earth and practical, but strict about maintaining family values. She is indeed our “kind of lady” who engenders trust in people.

I congratulate her most heartily for turning 85 years and I wish her several more years on this side in good health. Gratulations audiuntur. Multi beatam reditus. Vivunt iam non bona valetudo.

Dr. Eyimofe Atake, SAN

"her elevatiOn tO the rank Of the firSt feMale SeniOr advOcate Of nigeria (Silk) iS arguaBly One Of the laSt BarrierS within the legal SySteM in the advanceMent Of wOMen. arguaBly BecauSe at the tiMe when She tOOk Silk, we had nOt had a feMale chief Judge Of a State, a feMale JuStice Of the cOurt Of appeal and preSident, a feMale JuStice Of the SupreMe cOurt and chief JuStice Of nigeria"

Eyimofe Atake pays tribute to his Mummy SAN, chief Folake Solanke, on the occasion of her 85th Birthday, going down memory lane and recalling some of her achievements, like being appointed as the First Female Senior Advocate of Nigeria in 1981, amongst her other accomplishments. he also describes her as motherly, "the woody stem of a tree from which branches grow"

chief folake Solanke, San

11.04.2017 /15

Hills, Valleys and Triumphs

Youth Corper. That young man is now Arakunrin Oluwarotimi O. Akeredolu, SAN – the newly minted Governor of Ondo State. He always publicly declares that he has two mothers – one biological, the other professional! Many in Ondo State and elsewhere know that I am a professional mother of a State Governor! Praise God. Alleluyah. The other caller, (who came with a friend) was a teenager from Yejide Girls’ Grammar School, Ibadan – Mojisola Adedipe, now Hon. Justice Mojisola Olatoregun and the Administrative Judge of the Federal High Court, Lagos Division.

Now, having been born last century in 1932, I have a broad landscape of the history of our dear country – Nigeria. On our past experience, Chinua Achebe wrote the book titled : “There was a country”. My memory of that country, was one where law and order prevailed and a good name – better than gold and silver – was revered. Proverbs 22: 1 says

“A good name is rather to be chosen than great riches and loving favour rather than silver and gold”.

At that time, to be called a thief or become a convict or a prisoner, was the worst monumental calamity which could befall a family. Now, they wear their shameless behaviour, like a robe of honour, and people steal with impunity at all levels. Consequently, there is economic stagnation, because our assets and patrimony have been looted in gigantic and unimaginable amounts. The quantum in each case is simply bewildering.

Recovered LootAlthough, I acknowledge the efforts by the

current Administration to hunt down oil thieves and other predators of our pillaged national assets, yet, on the basis of integrity and transparency, Nigerians need urgent information on a regular basis on:-

• How much has been recovered from the looters?

• Where is the recovered money being kept?• Is it in the Central Bank of Nigeria?• How is it being applied?• Is it being utilised for the payment of monthly

allocations to States?Answers to these critical questions are imperative.

Remarks by Chief Folake Solanke, SAN, OON, CON at her 85th Birthday Celebration at the Ibadan Civic Centre, Iwo Road, Ibadan, March 29th, 2017

When I turned 80 in 2012, I became Exhibit “A” in London at the event held by the International Bar Association (IBA) Women’s Special Interest Group where I was decorated with the Distinguished

International Woman Lawyer Award 2012. Everyone was pointing at me and saying “look, she is 80". Now, that I am 85 years old, I am Exhibit A2, and people say: “look, she is 85". I pray that all of you here present will be blessed by God with longevity in good health. Amen.

Life JourneyNow, how can one chronicle a life journey of

85 years on this planet Earth, with its stings and arrows, hills and valleys, triumphs and lamentations:

• Starting as a motherless two-year old child in the Blessed Jacob’s Home of my illustrious father of the Alabukun powder fame,

• to pre-primary school,• to primary school,• to secondary school – Methodist Girls’ High

School, Lagos,• to Queen’s College, Lagos for the rudiment

of the “A” level course,• to Newcastle Upon Tyne, England at Kings

College in the University of Durham,• to teaching Latin and Maths in two fee-paying

public schools in England as aResident Teacher,• to Yejide Girls’ Grammar School, Ibadan,

teaching the same subjects• to Students’ Office No. 7 in the Nigerian

High Commission, London,• and to being called to the Bar in England after

passing all the Bar Examination in 22 months as a student of Gray’s Inn, London.

Recently, I have joyfully re-connected with my former English pupils after 60 years! They have acknowledged by e-mail that I taught them Latin and Mathematics. I plan to meet with them on my next trip to England. Deo Volente! Of course, my former Yejide pupils are here with us today. They always participate in all my celebrations. All the details are in the updated edition of my Autobiography: “Reaching for the Stars”.

I have been so fortunate about what God has empowered me to achieve in the one and only learned profession within which I enjoy limitless goodwill, huge respect, deep appreciation, real affection and more besides. I am always over-whelmed by the spontaneity of the excitement and interest, which always welcome me to any legal gathering. Such a welcome fills my heart with tremendous joy.

Corruption in NigeriaHowever, I do agonise over the problems of

corruption in my own constituency – the law. I assure you that we are not all corrupt. Many of us abide by our professional ethics, tradition and oath of office. My prayer is for the restoration of the golden years of the administration of justice. A restoration needs the collaboration of each member of the learned profession – both the Bar, the Bench, and the public. It is an onerous task that must be accomplished, because if the law fails, the nation fails. Let us all remember that the law is the regulator of the society.

Now, even in my early years at the Bar, people I have never met, would call on me in my Alabukun Law Chambers, because they had heard of me. One of them was in his early twenties serving as a

In view of the foregoing, I recommend that a Registry for recovered national assets be established. The Registry will publish regularly, maybe monthly, details of recovered stolen goods both in the traditional media and on-line. The Registry should also publish information on how much is being disbursed and for what. Such important information is currently lacking. Pity.

There should be strict rules on how funds are recovered. The whole operation should be on video in order to ensure that stolen funds are fully accounted for after transportation of the humongous loot from the place of crime.

The ConstitutionThe “fons et origio” of our laws – must be

massively overhauled. It has been said ”ad nauseam” that the centre is too powerful. More power must be deviated to the States which cannot truly boast of autonomy now, when they exist mainly on allocations from the centre. Our democracy is a sham because of the lop-sided arrangement of the Federal and State governments. I will now briefly address a few burning national issues, namely:-

The JudiciaryThe Judiciary is the shelter and hope of the

common man and everyman. The law is the rallying cry for our existence. Success will allude us, if the citizen cannot trust the Judiciary and our legal system.

Federal CharacterThe application of federal character enshrined

in Section 14(3) of the constitution has supplanted excellence and substituted mediocrity, in all our endeavours. As Nigerians, we must all reject mediocrity in all that we do.

Despondency of the CitizenryPeople are now so traumatised, that they

cannot even recognise the standard expecta-tions of a normal society in the 21st century. They laugh, when they should weep over the successive failures of successive governments in Nigeria. Imagine: there was a power outage at the Airport, and the place was thrown into pitch

darkness, all that some of the airport authority staff did was to laugh and say, “welcome to Nigeria”, as if lack of electricity is an accepted norm. No, it is not. It is catastrophic that Nigerians do not even expect anything better. No lamentation for a near – failed state situation after successive governmental failures to fix the power debacle. We cannot laugh off our disaster, disgrace and the mockery of foreigners arriving at our borders. We must demand better governance and not throw up our arms in capitulation.

Wage DisparityThe time is now to address the current disparity

in the income of those who have everything and those who have precious nothing.

I have emphasised the duties of the individual citizen to create a new and prosperous society. And how do we do that individually? We need certain principles of discipline such as:

(1) the fear of God(2) industry(3) perseverance(4) courage(5) honesty(6) patriotism(7) compassion(8) lending a helping hand(9) environmental consciousness and preservation(10) scholarship and more besides. There are

certain constants in a decent society which must not be compromised.

DetractorsNow, along the path of life, everyone will

come across people who will malign you. You must never be distracted. You must pursue your goals; applying your God-given talents. In this regard, I quote St. Paul the Apostle: 2 Corinthians 4: 8-9:

“We are troubled,Yet not distressed,We are perplexed,but not in despairpersecuted,but not forsakencast downbut not destroyed.”We may “be knocked down, but we must

not be knocked out.”

Gender DiscriminationI recall with unmitigated filial gratitude

and affection that my beloved father did not discriminate between his male and female children. I salute all fathers, like my father, who treat the children equally because the fate of a nation depends on both the male and female citizens. Let us applaud those fathers.

ConclusionAs St. Paul said in Phillipians 4: 8:“Finally, brethren,whatsoever things are true,whatsoever things are honest,whatsoever things are just,whatsoever things are pure,whatsoever things are lovely,whatsoever things are of good report;if there be any virtue, and if there be any

praise, think on these things”.Let that admonition be “how to be a Nigerian”,

not the bombastic caricature described by Peter Enahoro in his book: “How to be a Nigerian”.

Finally, my elder Sister, Chief Stella O. Odesanya OFR, is 94 years old. So, see you all in the year 2022 for my 90th birthday. “Deo Volente”! I pause with thanks.

Dated this 29th day of March, 2017Chief ‘Folake Solanke SAN, OON, CON

(PIP), B.A., Dip.Ed., FNIALS, LL.D (h.c), D.Litt (h.c.), D.Lit. (h.c.), D. Litt. (h.c.)

"at that tiMe, tO Be called a thief Or BecOMe a cOnvict Or a priSOner, waS the wOrSt MOnuMental calaMity which cOuld Befall a faMily. nOw, they wear their ShaMeleSS BehaviOur, like a rOBe Of hOnOur, and peOple Steal with iMpunity at all levelS"

Chief Folake Solanke makes remarks about her life's journey, and some urgent issues facing our country Nigeria, on the occasion of her 85th Birthday on March 29th, 2017, which was commemorated with two book presentations, 'Reaching for the Stars', her updated autobiography, and 'Selected essays and Papers on Legal and Societal Issues'. The learned Senior Advocate of Nigeria, discusses the need for transparency, the dissemination of information on the recovery of stolen loot, and the use to which it is being put by the Nigerian Government, amongst other concerns

chief folake Solanke, San and Ogun State governor, ibikunle amosu at her 85th Birthday celebration

16/images 11.04.2017

l-r: Mr. winston Bell-gam; Mrs. Bosede giwa-Osagie, Mr. Osayaba giwa-Osagie and Mrs. Modupe Solanke

lex African Alliance (lAA), a group of 26 African law firms, held their Annual Conference in lagos on April 7, 2017. Giwa osagie & Co., the Nigerian Member of lAA, hosted the delegates to a cocktail party at the wheatbaker Hotel, Ikoyi. Below are some of the personalities that attended. photos: kolawole Alli

l-r: Mr. yinka Sanni, Mr. Osayaba giwa-Osagie, Mr. Osaro isokpan; host of the 25th annual general Meeting of lex africa conference, Mr. pieter Steyn from South africa and Minister of industry, trade and investment, Okechukwu enelamah

Mrs. Bosede giwa-Osagie (left) and chief (Mrs.) Opral Bensonl-r: Mr. fred coker, Mr. lekan Onabanjo and Mr. Barin epega

l-r: victoria Mcghee, Monica hemben eimanjeze and nike Olafimihan

l-r: nazima Malik, publisher of Business day, Mr. frank aigbogun and Mr. richard todd Slaughter

l-r: Suzanne iroche, Mr. Bayo adeleke, Mr. Bayo ibirogba, Mr. rilwan Belo-Osagie and Mrs. Osa akinkunmi

l-r: lagos State attorney general and commissioner for Justice, Mr. adeniji kazeem, Mrs. doyin rhodes- vivour and Mr. akintunde esan

l-r: Mrs. aisha Jidda, her husband, Brig. gen. adamu Jidda and Mr. gbite adeniji

l-r: Mr. darkey ephraim africa, Mrs. thomdiwe africa and Mr. lanre kolade

l-r: professor yinka Omorogbe, Mrs. yemisi Subair, Justice rita pemu and ebun Jackson adekola

l-r: Mr. Sipho Ziga, Mr. Benjamin haley and Mr. william Steuer

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